California Companies: Are You Compliant with New Workplace Violence Training Requirements?
OSCAsafe’s latest blog covers all the details you need to know about being compliant with California Senate Bill 553.
December 4, 2024
If you are a health and safety manager for a California company, it’s essential to understand the implications of California Senate Bill 553.
Read OSCAsafe’s latest blog to get all the details you need to know in one place.
Legal Background
California’s Senate Bill 553 (CA SB 553) was signed into law by Governor Newsom on September 30, 2023, and went into effect on July 1, 2024. This legislation expands workplace violence prevention measures, originally designed for healthcare settings, to include all industries, reflecting a broader commitment to workplace safety. This bill amended Labor Code section 6401.7 to add 6401.7(a)(7), requiring employers to develop and implement a workplace violence prevention plan that aligns with the standards set forth in Labor Code 6401.9.
What is Workplace Violence?
CalOSHA defines workplace violence as, “any act of violence or threat of violence that occurs in a place of employment.” Workplace violence can range from threats and verbal abuse to physical assaults and homicide, which is one of the leading causes of job-related deaths. The threat of violence includes, but is not limited to, verbal or written statements, texts, messages on social media, online posts, or any other behavior which can reasonably be perceived as an intent to place someone in fear of physical harm. Workplace violence does not include lawful acts of self-defense or defense of others.
Top Employer Responsibilities in SB 553
1-Establish a Workplace Violence Prevention Plan (WVPP):
Establish, implement, and maintain a written workplace violence policy and prevention program. This plan may be integrated into an existing Injury Illness and Prevention Plan (IIPP) but, among other requirements, must include procedures for employee involvement, training, and incident reporting.
2-Effective Communication:
Have a system to communicate the policy and program to employees, encouraging active participation and ensuring workers report incidents or potential hazards without fear of retaliation.
3-Employee Training:
Provide training on the WVPP, including opportunities for employee involvement in the development and implementation of the plan, reporting methods, and corrective measures the employer has put in place. Training is required upon program implementation, annually, and any time a new hazard is identified, or an incident occurs.
4-Violent Incident Log:
Record all workplace violence incidents, including specific information such as a detailed description of the incident, circumstances, outcomes, and corrective actions taken.
5-Interactive Q&A Session:
Facilitate or give employees access to interactive Q&A sessions where employees can ask questions or provide suggestions about the WVPP, led by someone knowledgeable about the plan.
Top Employee Roles in SB 553
1-Awareness:
Understand their rights and responsibilities under SB 553. This includes the right to receive training that matches their education level, literacy, and language needs. They are also entitled to a free copy of the WVPP and access to records related to workplace violence hazard assessments, training, and incident logs. Most importantly, employees have the right to report violent incidents, threats, or other concerns without fear of retaliation.
2-Participation:
Collaborate with employers in the development and enforcement of workplace violence prevention programs. This can be achieved through surveys, meetings, or involvement in committees. Additionally, employees must accept and adhere to the policies and procedures established by the WVPP.
3-Reporting:
Maintain awareness and report any violent or threatening behavior by coworkers or other workplace violence hazards they observe.
Insight on SB 553 from Workforce Training Experts
The changes have been made, and now it is the responsibility of your organization to ensure compliance. While California’s method of enforcement and the negative consequences of non-compliance are not 100% clear yet, it is safe to say the effort to achieve compliance will require significant coordination within your organization. Here are some things to consider:
1-Tracking and reporting of workplace violence incidents:
Do you have reliable reporting systems, and will you be able to create a database of workplace incidents that you can address with specific training?
Do you have a plan to convert what the organization has learned and improvements to the program into next year’s customized training, as required by the new rule?
2-Employee engagement:
How will you ensure employees are involved in your program?
Does your training program invite suggestions for improvements, and do you have a way to connect with employee feedback?
3-Multiple worksites:
Do you have a multi-employer worksite?
How can you ensure that everyone at your site has the required training and knows what to do and how to report a workplace violence incident?
Do you need to verify training before badging an individual to allow them access to your site?
An Effort to Improve Workplace Safety
In the end, the new requirements of CA Senate Bill 553 aim to improve employee safety. Cal/OSHA is mandating programs take a more collaborative approach between employees and employers. Employers play a critical role in creating a safer workplace by developing comprehensive prevention plans, ensuring clear communication, and providing ongoing training. At the same time, employees must understand their rights, actively engage in prevention efforts, and report any potential hazards or incidents. Ultimately, preventing workplace violence is a shared responsibility that relies increasingly on strong collaboration between employers and employees.
Need Help Being Compliant?
If your organization needs help navigating the new CA requirements for workforce violence training programs, OSCAsafe is here to help. Our team is standing by with solutions to bring your program into compliance.
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