Exploring Littler Mendelson’s Insights on California’s New Workplace Violence Prevention Law

California’s Workplace Violence Prevention Senate Bill 553, signed into law on September 30, 2023, establishes the first general industry workplace violence prevention safety requirements in the United States. By July 1, 2024, affected employers must develop and implement a comprehensive workplace violence prevention plan. This plan can be integrated into their existing Injury and Illness Prevention Plan or maintained separately. A site-specific plan is required for each location to address various potential threats ranging from bullying and harassment to active shooter and hostage situations.
The legislation mandates that the prevention plans designate responsible individuals, outline procedures for reporting and responding to workplace violence incidents, prohibit retaliation against reporters, identify and correct hazards, and establish protocols for post-incident response, investigation, and emergency responses. Employers are also required to involve employees in the development and implementation of these plans.
Additionally, the law sets forth recordkeeping obligations, including maintaining a Violent Incident Log for all instances of workplace violence, regardless of injury. Employers must also update training programs whenever new hazards are identified or changes are made to the prevention plan, ensuring employees are informed about specific hazards or modifications to the plan. This move aims to foster safer work environments across California, emphasizing proactive hazard assessment, employee involvement, and rigorous reporting and response procedures.