Workplace compliance considerations for California Senate Bill 553

The California Senate Bill 553 (CA SB 553), which went into effect on July 1, 2024, is a milestone in labor law legislation. The bill introduces new safety obligations for most businesses in California, aimed at addressing growing concerns around workplace violence. Specifically, CA SB 553 mandates the implementation of comprehensive workplace violence prevention plans (WVPPs). These plans must include procedures for identifying and addressing potential security risks, maintaining extensive and auditable records of each incident, developing emergency response plans and conducting annual employee training on these measures.

With no grace period for compliance, employers were required to have a WVPP in place by July 1 to avoid serious legal and financial consequences from the California Occupational Health and Safety Administration (Cal/OSHA), and the fines for non-compliance range from $18,000 to $25,000 per violation. Implementing a plan for CA SB 553 and maintaining compliance can be a complex endeavor, with customization required for each workplace, but adherence to these standards is mandatory. Organizations must review the specific requirements, assess current WVPPs and incorporate any necessary adjustments to ensure full compliance.

Breaking it down

Although SB 553 applies to all CA employers with at least one employee, there are a few notable exceptions:

Employers already abiding by Cal/OSHA’s Violence Prevention in Health Care standard (typically healthcare facilities)
Department of Corrections and Rehabilitation employers and law enforcement agencies
Employees who work remotely from a location outside the employer’s control
Employers with ten or fewer employees working in a location that is not accessible to the public
Employers whose employees are located outside of California

For companies that must adhere to the bill’s requirement, several critical aspects must be considered when developing a WVPP:

Customized prevention plans: Employers are required to develop and integrate customized WVPPs into their Injury and Illness Prevention Plans (IIPP). WVPPs should specify the job titles or names of those responsible for carrying the plan out.
Employee engagement and involvement: Active employee participation is critical for developing, implementing, and reviewing WVPPs. Communication with employees must be clear and transparent regarding all aspects of the plan and the role employees play in its success.
Training and awareness: Annual training is required for personnel on the definitions and requirements of CA SB 553, including what to report, how to report it, and to whom to report incidents. Training must also address workplace-specific hazards, corrective measures implemented, strategies to avoid physical harm, an overview of the violent incident log and how to obtain copies of the records. Employers are required to include “an opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan” and maintain records that reflect the dates of the sessions, the content and the names and titles of both trainers and attendees.
Comprehensive reporting: There are procedures outlined within CA SB 553 for reporting workplace violence incidents, with a focus on follow-up measures and strategies for intervention. Employers must develop confidential pathways for reporting that foster a sense of comfort for those reporting.
Protocols for high-risk situations: Processes for violent incidents must be developed, including procedures for emergency response and communication with emergency response agencies.

Cal/OSHA ensures compliance through routine inspections that may particularly target industries at higher risk of violence, employee-filed complaints, serious incident investigations and follow-up inspections to verify corrective actions have been taken in previously cited workplaces. Complying with CA SB 553 can be complex; however, following best practices and leveraging tools can facilitate an efficient transition.

Supporting the transition

Organizations should emphasize leadership commitment, prioritize industry and community collaboration and seek experienced legal counsel. An effective WVPP hinges on prioritizing these aspects. Leadership commitment is essential for implementation and must remain firm for continuous fine-tuning. Industry peers and community organizations can share insights and provide a broader network for learning, while professionals with expertise in California law can ensure full compliance.

Employers can reduce the burden of meeting CA SB 553 by leveraging real-time occupancy data for accurate reporting of all employees or visitors onsite. This ensures accurate incident reports and better coordination by emergency response teams.

In an emergency, mass notifications to both employees and visitors can provide essential information about a workplace violence incident, including the number of people involved and the location. Emergency notifications are a critical part of a response plan, as sharing urgent information can help keep everyone safe and organize evacuations if necessary. In these situations, interactive workplace maps clearly mark all emergency exits, fire extinguishers and first aid kits with instant updates on any changes in the environment.

Employers must comply with CA SB 553; however, this is also an opportunity to demonstrate a commitment to creating safer work environments. Businesses can establish transparent, trusted programs that improve employee safety, enhance preparedness for potential workplace violence to reduce incident risk, ensure swift response if necessary and strengthen employee trust and engagement with a more secure and productive workplace.

https://www.securitymagazine.com/articles/100861-workplace-compliance-considerations-for-california-senate-bill-553