Navigating California’s New Workplace Violence Prevention Requirements with Guerra & Casillas LLP

Workplace violence impacts nearly 2 million American workers annually, as reported by the Occupational Safety and Health Administration (OSHA). To address this, California introduced Senate Bill 553 (SB 553), which requires businesses to implement comprehensive workplace violence prevention plans. Effective July 1, 2024, these regulations will necessitate significant changes to workplace safety protocols. Guerra & Casillas LLP is dedicated to helping employees understand these new requirements and ensuring their rights and safety are fully protected.

What Is Senate Bill 553?

Signed into law on September 30, 2023, SB 553 updates Labor Code section 6401.7 and introduces new mandates under Labor Code section 6401.9. The law requires employers to create and execute a Workplace Violence Prevention Plan (WVPP) to safeguard employees. Key elements of this plan include:

• Prohibition of Retaliation: Protection for employees who report workplace violence from retaliation.
• Response Procedures: Clear protocols for addressing and responding to violence reports.
• Training and Communication: Regular training and effective communication about workplace violence.
• Emergency Response: Detailed emergency response plans.
• Hazard Assessments: Thorough evaluations to identify and mitigate potential violence hazards.
• Violent Incident Log: A detailed record of workplace violence incidents.

Key Requirements for Employers

Guerra & Casillas LLP emphasizes that compliance with the new Labor Code provisions is crucial, except for those specifically exempted in subsection (b) of Labor Code 6401.9. Employers are required to:

• Develop a WVPP:
  • Appoint responsible individuals for plan implementation.
  • Involve employees in developing and executing the plan.
  • Coordinate with other employers where relevant.
  • Establish procedures for addressing violence reports and protecting reporting employees from retaliation.
  • Ensure adherence to the plan by all employees and supervisors.
  • Maintain open communication on workplace violence issues.
  • Implement emergency response protocols and provide necessary training.
  • Conduct regular hazard assessments and address any identified hazards.
• Maintain and Update the Plan:
  • Ensure the WVPP is active and specific to each work area.
  • Integrate the plan into the existing injury and illness prevention program or maintain it as a separate document.

Action Steps for Compliance

To align with SB 553, Guerra & Casillas LLP advises:

• Review SB 553 and Labor Code section 6401.9: Familiarize yourself with the full text of the regulations.
• Develop or Update Your WVPP: Ensure it meets the new regulatory standards.
• Provide Training and Communication: Keep employees informed and trained on workplace violence protocols.
• Regularly Assess and Address Hazards: Conduct ongoing evaluations of workplace violence risks.

By following these steps, organizations can foster a safer work environment and effectively manage workplace violence risks. 

Understanding Workplace Violence Log Requirements: A Guide for Employees

At Guerra & Casillas LLP, we understand the importance of maintaining a safe work environment. One crucial aspect is ensuring that workplace violence incidents are logged and managed effectively. Here’s a guide to help employees understand their rights and the requirements for workplace violence incident logging:

Workplace Violence Incident Log Requirements

Employers must maintain a detailed log of all workplace violence incidents, regardless of physical injury. The log should include:

• Incident Details: Date, time, and location.
• Type of Workplace Violence: Categorize the incident (Type 1, 2, 3, and/or 4).
• Incident Description: Detailed account of what happened.
• Perpetrator Information: Classification of the individual who committed the violence.
• Circumstances and Characteristics: Context and any specific details of the incident.
• Consequences: Outcomes, including law enforcement involvement.
• Preventive Measures: Steps taken to prevent future incidents.
• Log Completion Details: Name and job title of the person who completed the log.

Training Employees on Workplace Violence

Training is essential for addressing workplace violence. Employers must:

• Provide Accessible Training: Ensure training materials are clear and appropriate for all employees.
• Conduct Initial and Annual Training: Offer initial training to new employees and annual refreshers.
• Cover Key Content: Include the WVPP, definitions, reporting procedures, job-specific hazards, and the purpose of the violence log.
• Offer Interactive Discussions: Allow employees to discuss the plan with knowledgeable individuals.

Employer Responsibilities for Recordkeeping

Employers are required to:

• Maintain Written Plans: Ensure the WVPP is accessible to employees and inspectors.
• Keep Records: Maintain records of hazard identification, training, violent incident logs, and investigations for a minimum of five years.

Additional Resources

For serious injuries, illnesses, or deaths related to workplace violence, employers must report to Cal/OSHA. Refer to:

• Title 8, Section 342: Reporting Work-Connected Fatalities and Serious Injuries.
• Title 8, Section 3203: Injury and Illness Prevention Program.
• Title 8, Section 14300: Employer Records-Log 300.

For assistance with workplace violence compliance and protecting your rights, contact Guerra & Casillas LLP at 213-437-9495 or visit our contact page.