Written by MARK HELMKAMP, SENIOR consultant at spark compliance
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As of July 1, 2024, every California employer with more than ten employees at a fixed location must have an established and implemented workplace violence prevention program. Many companies have been caught off guard. There’s a lack of awareness of this new state requirement and dedicated resources. For the 40,000 businesses affected by the program, it’s time to act.
According to OSHA, workplace violence is the second leading cause of fatal occupational injuries in the United States, affecting nearly two million American workers annually. To address workplace violence in California, Cal/OSHA’s SB 553 senate bill requires employers to implement basic protections to protect employees while at work. There are four required pillars of SB 553 that companies must establish and implement – a workplace violence prevention plan, a violent incident log, employee training, and recordkeeping protocols. Let’s break it down.
1. Establishing a Workplace Violence Prevention Plan (WVPP)
Every covered employer is required to establish, implement, and maintain an effective workplace violence prevention plan. A few of the key requirements of the plan include:
Employee involvement in developing, implementing, and enhancing the plan.
“How to” guidance on things such as:
Identifying and evaluating workplace violence hazards
Handling and responding to reports of workplace violence while ensuring no retaliation against the reporting employee
Emergency response protocols
Identifying and correcting workplace violence hazards in a timely manner
Post-incident response and investigation.
Tone at the top is critical for the plan to be effective. Employers will want to make sure they have zero tolerance for aggressive behavior and there’s an environment where employees are encouraged to speak up with no fear of retaliation.
2. Establishing a Violence Incident Log
Employers must maintain a log of all incidents of workplace violence even if the incident did not result in injury. A few of the informational requirements include:
Date, time, and location
Detailed description of the incident
Circumstances at the time of the incident
Where the incident occurred
Consequences of the incident
Steps taken to protect employees from further threat or hazards.
Employers must exclude personal identifying information that would identify any person involved in a violent incident.
3. Establishing Employee Training
Employers must provide employees with 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 6401.9.
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. (p.s.: We can help you with this training – we’ve got videos, eLearning, and PowerPoint slide decks for you.)
4. Establishing Recordkeeping Protocols
Most records related to workplace violence must be established for a minimum of five years, including:
Workplace violence hazard identification, evaluation, and correction.
Violent incident logs.
Records of workplace violence incident investigations must be maintained for a minimum of five years.
Training records must be created and maintained for a minimum of one year.
Now What?
Clearly there’s nothing more important than the safety and well-being of every person in and around the workplace. Employers need to take this seriously and there are turnkey and cost-efficient ways to establish or enhance their workplace violence prevention program.
To learn more, check out a replay of our “SB 553 Requirements for Enhanced Workplace Safety” webinar co-hosted with VComply. We’ve got a complete suite of compliance tools available with VComply that you can see HERE. For additional information on the SB 553 training solutions contact Spark Compliance Consulting.
