CAL OSHA Workplace Violence Prevention Program

SB 553 – Workplace Violence Prevention Programs & New Cal OSHA Requirements

In February 2023, Senate Bill No. 553 (SB 553) was placed into motion by the California State Senate to introduce the first general industry workplace violence safety requirements that would require employers to take comprehensive steps to prevent and respond to workplace violence incidents. On September 30, 2023, Governor Newsom signed SB 553 into law which will require most employers to create and implement a Workplace Violence Prevention Program by July 1, 2024. SB 553 will amend Section 6401.7 and add Section 6401.9 to the California Labor Code and Section 527.8 to the Code of Civil Procedure.

There were no prior Cal OSHA workplace violence standards, however, under the General Duty Clause (Sec 5(a)(1)), employers were required to “furnish to each of his employee’s employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”.

Workplace Violence Prevention Program/Plan

Effective July 1, 2024, all covered employers will be required to establish, implement, and maintain a Workplace Violence Prevention Plan in writing as an extension to their Injury and Illness Prevention Plan (IIPP). Key updates include the following:

• Employers must maintain records of all workplace violence incidents in a violent incident log.
• Employers must provide effective training to employees on the workplace violence prevention plan and provide additional training when a new or previously unrecognized workplace violence hazard has been identified and/or when changes are made to the plan.
• Employers must maintain records of workplace violence hazard identification, evaluation, and correction.

SB 533 will provide Cal OSHA enforcement authority by issuance of a citation and a notice of civil penalty. The bill would also authorize the appeal of a citation and penalty.

Workplace Violence Types

Each workplace violence incident that occurs must be recorded on the violent incident log. SB 553 details the specific information that must be included on the log such as a classification of the offender, consequences of the incident, type of violence, and who made the log entry. Workplace violence acts are classified into four types:

• Type 1 violence – A workplace violence act by a person who has no relationship to the employee or businesses and commits a violent act against an employee in conjunction with a crime (e.g., robbery or trespassing).
• Type 2 violence – A workplace violence act between an employee and customer, visitor, or client outside of the organization.
• Type 3 violence – A workplace violence act between a present or a former employee, supervisor, or manager.
• Type 2 violence A workplace violence act by a person who does not work at the organization but has a personal relationship with the employee.

Restraining Orders

Under the current law, employers have the authority to seek a restraining order on behalf of any employee who is a victim of a workplace incident. SB 533 will authorize a collective bargaining representative of an employee to seek a restraining order on behalf of the employee. The Bill will also provide employees the opportunity to not be named in the restraining orders and will not prohibit an employer or collective bargaining representative from seeking restraining orders on behalf of other employees at the workplace.

What’s Next?

Employers are required to create and implement a Workplace Violence Prevention Program by July 1st, 2024. ALL4 staff are experienced in planning for and implementing updated environmental, health and safety regulatory requirements, including workplace safety procedures and training. If you have any questions on this requirement or would like help preparing for these new requirements, please contact Ivan Torres at itorres@all4inc.com.