The recently passed California Senate Bill (SB) 553, signed into law on September 30, 2023, mandates that employers develop and implement a comprehensive Workplace Violence Prevention Plan (WVPP) as per Labor Code section 6401.9. This law, which took effect on July 1, 2024, holds employers accountable for creating safer work environments. Non-compliance can lead to significant penalties, ranging from $18,000 up to $158,000 for willful or repeated violations.
WHO MUST COMPLY?
The law applies to ALL employers except:
Workplaces with fewer than 10 employees that are NOT accessible to the public
Employees working remotely from a location not under the employer’s control.
Workplace violence affects thousands of workers annually. In 2021-22, assaults resulted in 57,610 injuries and 525 fatalities due to assault were reported, according to Injury Facts® According to the National Institute for Occupational Safety and Health, workplace violence falls into four categories: Criminal intent, customer/client, worker-on-worker and personal relationship, which overwhelmingly targets women.
To address this prevalent issue, the WVPP aims to reduce all forms of workplace violence, creating safer, healthier work environments.
6 essential requirements for an effective workplace violence prevention plan
Every covered employer is required to establish, implement, and maintain an effective workplace violence prevention plan. This plan has these key requirements for compliance..
1. initial assessment and evaluation of risk factors
A thorough risk assessment is the foundation of an effective WVPP. Employers must evaluate potential risks based on factors such as the nature of work, location, and public interactions. Consulting employees and supervisors ensures a comprehensive understanding of potential hazards, guiding appropriate preventive measures.
2. workplace violence prevention plan (wvpp)
The WVPP must be written, easily accessible, and provide clear guidance on handling escalating situations. Employers must appoint a program administrator and involve employees in plan creation. The finalized plan should be shared with all employees, either digitally or in a printed binder, ensuring it is always available.
3. EMPLOYEE TRAINING
Training is a critical component of SB 553 compliance. Employers must provide initial training on the WVPP, with annual refreshers, and additional training when new risks or plan updates arise. Training must cover reporting procedures, specific job hazards, and how to prevent incidents. At Platinum HR Consulting Group, a customizable PowerPoint presentation is provided for training and must be adapted to the company’s specific plan.
4. VIOLENT INCIDENT REPORT AND LOG
SB 553 emphasizes transparency and accountability. Employers must maintain a violent incident log, documenting incidents based on employee accounts and investigation findings while omitting personal information. This log must be retained for 5 years and shared with employees, their representatives, and Cal/OSHA upon request. Employees can access the log within 15 days of a request.
5. REQUIRED POSTING
Employers must post the “Workplace Violence Prevention in General Industry” fact sheet alongside other required legal posters to ensure all employees are aware of the WVPP and their rights.
6. ONGOING EVALUATION AND IMPROVEMENT
Workplace violence prevention is a continuous process that requires regular review and improvement. Employers should periodically assess the effectiveness of their prevention plan by considering employee feedback, incident data, and changes in the workplace or industry standards. This ongoing improvement process allows for updates to policies, procedures, and training programs to better protect employees.
WHY A WORKPLACE VIOLENCE PREVENTION PLAN IS ESSENTIAL
Workplace violence is a significant issue, with nearly 25% of the global workforce having experienced it. With the passage of SB 553, employers in California have the tools and legal obligation to address and prevent workplace violence. By implementing an effective WVPP, employers can create a safer environment and reduce the risk of costly incidents.
Platinum HR Consulting Group offers a comprehensive Workplace Violence Prevention Plan package, which includes:
A customizable written plan template
PowerPoint training for employees
Violent incident log templates
A 45-minute support session
A workplace violence guide and risk assessment guide
An employer fact sheet and required CAL/OSHA posting
Workplace violence policy guidelines
It is a best practice for all employers, regardless of the state the business is in, to have a Workplace Violence Prevention Program in place. If you need help or want to learn more about this subject, don't hesitate to reach out to us. We'd be happy to answer all your questions and support you and your business.
