By Enriqueta Castro, CSP, Risk Control Manager, Special District Risk Management Authority
Senate Bill (SB 553) was signed into law on September 20, 2023. The legislation addresses two primary areas: workplace violence prevention requirements and expanded temporary restraining orders (TRO). The following is a brief summary of the legislation.
WORKPLACE VIOLENCE PREVENTION REQUIREMENTS
Effective July 1, 2024, most California employers will be required to develop and implement a Workplace Violence Prevention Plan (WVPP). The legislation places a strong emphasis on the employer to actively involve employees and employee representatives in the process. The primary components include developing and implementing a written plan, logging all workplace violence incidents, and conducting employee training.
Written WVPP – The plan can be included in the Injury & Illness Prevention Program or stand alone. In addition to identifying the person(s) responsible for implementing the plan, the plan must include the following procedures:
How employees and employee representatives will be involved in the development and implementation of the plan.
- Methods to coordinate the plan with other employers, where applicable.
- Accepting and responding to reports of workplace violence and prohibiting retaliation against the reporting employee.
- Plan compliance.
- Employee communication that includes how to report an incident without fear of reprisal, the investigation process, and how findings are shared.
- Response to actual or potential workplace violence emergencies.
- Training requirements.
- Hazard assessments to identify and evaluate workplace violence hazards.
- Workplace violence hazard correction.
- Post incident response and investigation.
- Plan effectiveness review at least annually.
Violent Incident Log – Employers must record every workplace violence incident in a violent incident log. The information must include:
- Date, time, and location of the incident.
- The workplace violence type(s), such as physical attack, threat, sexual assault, etc.
- Detailed description of the incident, without including any personal information from any person involved in a violent incident.
- Classification of who committed the violence, such as client, family, coworker, etc.
- Consequences of the incident including whether security or law enforcement was contacted and actions taken to protect the employee.
- The log must be reviewed at least annually and retained for five years.
Employee Training – Employees must receive initial training when the plan is first established and annually thereafter. Employees must have an opportunity for interactive questions and answers with a person knowledgeable about the plan. The training must include:
- How to participate in the development and implementation of the plan and location of the written
- plan.
- Important definitions of workplace violence.
- How to report workplace violence incidents and concerns.
- Specific workplace violence hazards and corrective measures the employer has implemented.
- How to seek assistance to prevent or respond to violence.
- Strategies to avoid physical harm.
- Information about the Violent Incident Log.
- Additional training is provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan.
- Training records must be maintained for a minimum of one year as required by CCR3203, Injury & Illness Prevention Program.
Please note the following employers, employees, and places of employment are exempt from these requirements:
- Those who are required to comply with CCR 3342, Violence Prevention in Healthcare.
- POST participating law enforcement agencies and facilities operated by the Department of Corrections.
- Places of employment with less than 10 employees and no public access.
- Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.
TEMPORARY RESTRAINING ORDERS (TRO)
Effective January 1, 2025, California’s Code of Civil Procedure Section 527.8, will be expanded to not only allow employers, but also collective bargaining representatives, to petition for a TRO on behalf of employees. The legislation also allows employees to remain anonymous when seeking a TRO for violence, threats of violence, and now harassment.