This is an overview of the California Senate Bill 553 (SB 553), which amended Labor Code section 6401.7 to require employers to develop and implement a workplace violence prevention plan. Starting July 1, 2024, employers in California must establish, implement, and maintain a Workplace Violence Prevention Plan that includes:
- Prohibiting employee retaliation.
- Accepting and responding to reports of workplace violence.
- Training and communication.
- Emergency response.
- Workplace violence hazard assessments.
- Maintaining a Violent Incident Log.
Creating a workplace violence prevention plan
- Employers are required to establish, implement, and maintain an effective workplace violence prevention.
The plan needs to include the following:
- The names of the people responsible for its implementation.
- Procedures for employee involvement in developing and implementing the plan.
- Methods to coordinate implementation of the plan with other employers, when applicable.
- Procedures for employers to handle and respond to reports of workplace violence.
- Procedures to ensure compliance from employees, including supervisors.
- Procedures to communicate with employees regarding workplace violence matters.
- Emergency response protocols.
- Training provisions.
- Procedures to identify and evaluate workplace violence hazards that include the following frequency:
- When the plan is first set up.
- Periodically scheduled.
- After violent incidents.
- Whenever a new hazard becomes known.
- Procedures to timely correct workplace violence hazards identified and evaluated.
- Procedures for post-incident response and investigation.
- The plan must be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation.
- The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program or maintained as a separate document.
Violent incident log requirements
Employers must maintain a log of all incidents of workplace violence even if the incident did not result in injury. This log must include information on every workplace violence incident, based on employee statements, witness statements, and investigation findings. Incident information must include at least the following:
- Incident date, time, location.
- Workplace violence “Type” (1, 2, 3, and/or 4).
- Detailed description of the incident.
- Classification of who committed the violence.
- The circumstances at the time of the incident.
- Where the incident occurred.
- Specific incident characteristics, such as physical attacks, weapon involvement, threats, sexual assault, animal incidents, or other events.
- What the consequences of the incident were, including any involvement law enforcement.
- What steps were taken to protect employees from further threat or hazards.
- Who completed the log, including their name, job title, and the date completed.
Training employees on workplace violence
- Employers must provide effective training and ensure that training materials are easy to understand and match the workers’ education, reading skills, and language.
- Employers must provide employees with an initial training and annually thereafter.
The training is required to cover various aspects, including the following:
- Familiarizing employees with the plan, how to obtain a copy, and how to participate in the development and implementation of the employer’s plan.
- Definitions and requirements of Labor Code section 9.
- How to report workplace violence incidents without fear of retaliation.
- Understanding of job-specific violence hazards and preventive measures.
- Purpose of the violent incident log and how to obtain related records.
- Opportunities for interactive discussions with someone knowledgeable about the employer’s plan.
- When new or previously unidentified workplace violence hazards are discovered, or changes are made to the plan, the employer must provide additional training that focuses on the specific hazard or plan modifications.
JorgensenHR can assist you in creating a Workplace Violence Prevention Plan and train your employees. Please reach out to us at 661-600-2070 or info@jorgensenhr.com.
California Senate Bill 553: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB553
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