Understanding the Workplace Violence Prevention Act

10.15.24

Understanding the Workplace Violence Prevention Act

Workplace safety has become an increasing concern in today’s fast-paced and often high stress environment. The California Senate Bill 553 (SB 553), also known as the Workplace Violence Prevention Act, was introduced as a law and took effect on July 1, 2024. It requires California employers to implement a workplace violence prevention plan (WVPP) to ensure workplace safety.

Workplace violence is defined as any act or threat of physical violence, harassment, stalking, or bullying directed at an employee by another employee, customer, or visitor. The WVPP was designed in accordance with the newly codified Labor Code section 6401.9. The law went into effect on July 1, 2024.

Employer Responsibilities Under the WVPP

SB 553 applies to most California employers and employees with the exception of correction facilities, law enforcement agencies, teleworkers, healthcare facilities, and places of employment with fewer than ten employees that are not accessible to the public.

Under this law, employers in California must establish, implement, and maintain a "Workplace Violence Prevention Plan" that includes: prohibiting employee retaliation, accepting and responding to reports of workplace violence, and emergency response.

Employers must establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information. Additionally, employers shall:

  • Record information in a violent incident log for every workplace violence incident.
  • Provide effective training to employees on the workplace violence prevention plan.
  • Provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan.
  • Keep records of workplace violence hazard identification, evaluation, and correction.
  • Create and maintain training records and violent incident logs and workplace incident investigation records.
  • Ensure certain records are made available to the division, employees, and employee representatives.

Employees Rights Under the WVPP

  • To provide information to us on any workplace violence hazard, unsafe work conditions, and request information or make safety suggestions without fear of reprisal.
  • To receive a copy of the Workplace Violence Prevention Program within 5 business days of request.

Employees Duties Under the WVPP

  • Know the Code of Safe Practices, General Safety Rules and Safety Policy for the general work area and your job.
  • Comply with work conditions and safe work practice requirements for your job.
  • Report all unsafe work conditions or workplace violence hazards immediately to your Supervisor or Human Resources/Safety Coordinator.

Looking Ahead at SB 553

Commencing on January 1, 2025, SB 553 will authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order.

Under SB 553, an employee’s request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.

Enforcement and Compliance

Enforcement of the workplace violence prevention plan and related requirements is necessary to prevent an issuance of a citation and a notice of civil penalty. Every employer must include the WVPP as part of their effective injury prevention program, a violation of which is a misdemeanor in specified circumstances. Furthermore, employers who do not comply with SB 553 may face serious legal and financial consequences, including fines of $18,000 to $25,000 per violation.

Employers Implementation

This plan may be a standalone document that is readily available for employees and their representatives to review. The plan should include:

  • Names and job titles of the people responsible for implementing the plan.
  • Procedures for obtaining employees’ and authorized representatives input, i.e., identification or correction of workplace violence hazards, when developing the plan.
  • Methods to coordinate the plan with other employers and their employees.
  • Procedures to accept and respond to reports of workplace violence, and to prohibit retaliation for making a report.
  • Procedures that ensure that supervisory and nonsupervisory employees comply with such plan.
  • Procedures for communicating with employees regarding workplace violence matters.
  • Procedures to respond to actual or potential workplace violence emergencies.
  • Procedures to develop and provide training required under this law.
  • Procedures to identify and evaluate workplace violence hazards including periodic inspections.
  • Procedures to timely correct workplace violence hazards discovered during inspections.
  • Procedures for post-incident response and investigation.
  • Procedures to review the plan’s effectiveness and revise it as needed.

Please feel free to call us with any questions and let us assist you and your company in preparing a Workplace Violence Prevention Plan.  Article written by Carly Stacey.