Most California employers have workplace violence and safety policies in their employee handbooks, but starting next year, those policies will need to be updated to comply with strict new requirements. In addition, records of incidents of workplace violence must be kept and annual employee training must be provided.
SB 553 was signed into law by Governor Newsom on September 30, 2023. Employers have until July 1, 2024 to develop and implement Workplace Violence Prevention Plans (WVPP) and training materials compliant.
The new WVPP requirements are similar to many aspects of the broader Injury and Illness Prevention Program (IIPP) already required by existing regulations. The new law requires employers to develop specific procedures and employee training to identify and respond to workplace violence and various types of threats of violence.
Employers can choose to update their IIPP to include a specific section on workplace violence, or they can develop a stand-alone WVPP.
An employer’s WVPP must be in writing and must describe:
- Identifying the names or job titles of the people in the company who are responsible for implementing the plan
- “Effective procedures” for:
- obtain the active involvement of employees and staff representatives to implement and develop the plan
- reporting and responding to workplace violence
- communicate with employees about workplace violence
- respond to actual or potential workplace violence emergencies
- Training procedures
- Procedures for identifying and assessing risks of workplace violence;
- Post-incident response and investigation procedures
- Procedures for reviewing and revising the plan as necessary at least annually, when a deficiency becomes apparent or after an incident.
The employer will be required to prepare and maintain incident logs for at least five years.
Employers will also be required to provide specific training when the new plan comes into effect as well as every year.
Enforcement may include citations and civil penalties.
Certain types of employers are exempt, subject to compliance with other existing regulations, including health care facilities, Department of Corrections and Rehabilitation facilities, telecommuting employees, and small employers with fewer than 10 employees in workplaces that are not accessible to the public are exempt (subject to compliance with other regulations).
The legislation requires Cal/OSHA to develop and adopt a set of standards for the required plan, but the deadline is not before December 31, 2026. Cal/OSHA has promulgated various IIPP models. It is unclear whether OSHA will update the IIPPs to incorporate the new requirements, or develop model WVPPs, forms, and training materials, but, if so, it is unlikely that those be published by the compliance deadline of July 1, 2024. Employers are encouraged to consult their Weintraub employment lawyer for assistance in developing the plan, incident logs and materials training.
