California's New Workplace Violence Law

In 2023 Governor Gavin Newsom , signed Senate Bill 553. This law mandates nearly all California employers to develop and implement a Workplace Violence Prevention Plan by July 1, 2024. The plan must include various elements such as training programs, maintaining violent incident logs, and creating specific records.

Who is covered by this law? Almost all employers and employees in California, with a few exceptions such as those already covered by certain standards, telecommuting employees outside employer control, small non-public locations, and specific agencies like law enforcement.

The definition of workplace violence includes a broad spectrum of acts or threats, encompassing verbal, written threats, incidents involving firearms or dangerous weapons, and actions causing injury, psychological trauma, or stress, subjectively perceived by the employee.

The Workplace Violence Prevention Plan must be in writing, easily accessible, and should involve employees in its development. It covers various procedures, from reporting violence incidents to implementing corrective measures and conducting post-incident investigations.

The law mandates annual employee training on the employer's plan, reporting violence hazards, and strategies to prevent or respond to violence. Employers must maintain training records for at least one year.

Employers need to record workplace violence incidents in a detailed log, retaining it for five years without personal identifying information. Employees can request access to and copies of the log within 15 calendar days.

Moreover, the law extends protections for employees seeking restraining orders against violence or harassment, allowing collective bargaining representatives to petition for orders and providing anonymity for victims on TRO papers.

Finally, there is speculation on the potential release of a model Workplace Violence Prevention Plan program by Cal/OSHA to aid compliance with the new law.

The law represents a significant step toward ensuring safer workplaces in California by mandating comprehensive plans, training, incident recording, and employee protections against violence and harassment. Compliance with these new requirements will be essential for employers to adhere to the law's provisions and ensure the safety and well-being of their employees.