Background: California has passed a game changing law, Senate Bill No. 553 (“SB 553”), effective September 30, 2023, mandating that nearly all employers in the state develop a comprehensive workplace violence plan.
This is a pioneering move in U.S. legislation and raises California’s general industry requirements to the same high standard of the previously enacted CA/OSHA Violence Prevention in Health Care Standard. SB 553’s requirements are comprehensive and present significant compliance challenges for businesses operating wholly or partially in California. Similar laws are currently proposed in state legislatures across the United States so companies should expect these legal requirements to soon expand beyond California.
1. Inclusion of a Broad Definition of Workplace Violence: Includes psychological trauma or stress related to threats of violence, even without physical injury.
2. Mandatory Written Plan Requirement: Employers must create a written plan, meeting the law’s specifications. covering development, implementation, execution, and monitoring Workplace Violence.
3. Training Requirements: Employers must provide initial and annual interactive training to employees.
4. Restraining Orders: From January 1, 2025, CA employers can seek restraining orders for employees facing harassment, expanding the scope beyond the previous requirement for credible threats of violence.
5. Incident Tracking: Employers must effectively track and address incidents of Workplace violence in a standard but comprehensive manner across all of their affiliates.
Our Approach: While CAL/OSHA recently released a draft Plan template designed to comply with the new law, our firm is uniquely qualified to assist with the development and implementation of a customized and meaningful Workplace Violence Prevention and Response Program that both meets the new legal requirements and is demonstratively effective in mitigating the risk and impact of workplace violence incidents.
The VanSlyke O’Neill method is based on our extensive experience in the successful development and implementation of these programs for dozens of companies and industries throughout the U.S. and globally, our vast litigation experience, and our significant contributions to the guidelines contained in the Workplace Violence and Active Assailant – Prevention, Intervention and Response Standard (ANSI/ASIS 2020). Our proactive approach is designed to prioritize prevention through recognition of concerning behaviors and intervention at the earliest possible stages, implemented, and reinforced through engaging and interactive training customized for the various stakeholders in your organization.
Compliance Deadline: Businesses in California must comply by July 1, 2024, but enforcement has already begun based on general hazard recognition duties.
Employers must act now to develop and implement the necessary plans and procedures to meet these new requirements, including the time-consuming steps of soliciting input from employees (and union representatives); developing procedures to respond to and maintain records of workplace violence incidents; and training of all employees and supervisors.This law represents a significant step towards enhancing workplace safety and addressing the growing concerns around violence and harassment in the workplace. We can help you meet its challenges.
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