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CALIFORNIA WORKPLACE VIOLENCE: A PRIMER FOR COMPLIANCE WITH SB 553

Jonathan Gonzalez, Esq.
February 19, 2024
- Employment Law & Harassment, Blog Posts, Category-Health & Safety
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IS YOUR ORGANIZATION READY TO MEET THESE NEW TRAINING REQUIREMENTS?

California’s sweeping legislation on the prevention of workplace violence goes
into effect on July 1, 2024. The law, which was proposed (and passed) last year
as Senate Bill 553, amends California Labor Code sections 6401.7 and 6401.9 to
add new requirements that apply to nearly every employer in the state. For more
detailed information (including frequently asked questions) on the requirements
of the law, please refer to Syntrio’s January 18, 2024, article entitled New
California Workplace Violence Training Requirement Goes into Effect on July 1,
2024.  Today’s article will prepare employers with the considerations necessary
to formulate a workplace violence prevention (“Plan”) and get you primed to
conduct the initial round of required training by July 1, 2024.

Complying with the new California law will take careful planning and time.

SB 553 is the most comprehensive workplace violence prevention legislation
enacted in the United States to date. Before formulating and implementing the
Plan, the law requires employers to consult a variety of different parties,
perform an assessment of workplace violence hazards, and establish procedures
for responding to violent incidents (and logging records of any such incidents).
As always, Syntrio recommends consulting with legal counsel for advice on
properly complying with the details, but we are here to provide you with the
information necessary to ask the right questions when preparing for compliance.

Employers must involve employees in the planning process.

Unique to other workplace violence legislation, SB 553 requires employers to
consult with employees in Plan development and the implementation process. This
is a crucial step to take before July 1, as different sets of employees will
have a variety of viewpoints on what is important to them (and their particular
situations) concerning workplace violence. By consulting with a variety of
managers and non-managers alike (as well as employees working in different
environments and situations), you will be able to formulate a plan that is
comprehensive to your workforce as a whole.

Multi-employer situations must consult with one another to coordinate their
Plans.

In the modern work environment, there are situations where different businesses
work closely with one another. Perhaps the best example that can be provided is
the retail industry, where several businesses are often located near one
another. By consulting with those employers in your community and general
sphere, you will gain clarity about potentially dangerous situations common to
the area or environment, and include them in all employer Plans.

Employers must determine specific risks to their work environment and include
them in the Plan.

SB 553 is a detailed law. Part of the Plan requirements involve personalizing
each plan to specific risks identified by the employer, the employees, and other
businesses that may increase the risk of violence. While it is impossible to
list all of the possibilities, some of the most likely situations to consider
include:

 * Do you have employees who work alone or are often isolated?
 * Do your employees handle cash or exchange money?
 * Are large sums of money stored on the premises?
 * Is there a history of conflict between workforce members or third parties?
 * Is there frequent drug or alcohol use in or near places where your employees
   work?
 * Are employees on site late at night or at volatile times of the day?

The list provided is for information purposes only and is nowhere near
exhaustive of the situations that may pose a danger. For this reason, we highly
recommend a detailed planning process to consider all possibilities that are
known at the time and include those situations in your Plan.

Employers must have incident logging and response procedures in place.

Employers are required to have a procedure in place for logging violent
incidents and must keep records of those incidents that do occur. Additionally,
there must be a detailed procedure for reporting incidents that occur or present
themselves as potentially dangerous. Syntrio recommends seeking the advice of
counsel or a consultant to best comply with this aspect of the law.

Syntrio is prepared to fulfill your training obligation.

Syntrio has worked hard to create a training program that will supplement your
Plan and provide the necessary education on its required elements, as well as
provide the education necessary to have your workforce prepared to respond to
potentially violent incidents and keep themselves safe. We strongly recommend
contacting a staff member to get ahead of the training requirement and using our
courseware to supplement additional discussion and education on the plan you
develop. Contact our sales staff today to see how Syntrio can ease the burden of
training on this important topic.


TRAIN YOUR EMPLOYEES

Harassment and bullying threaten a respectful workplace, including the effects
on targeted individuals, coworkers, the work environment, and the organization.

Contact Syntrio today to ensure your training needs are being met.



Download our Essential Guide to Preventing Workplace Harassment



Resources

 1. 1. U.S. Mandatory Harassment Training
    2. Harassment Training Requirements by State
    3. Employment Law and Harassment Brochure
    4. Employment Law and Harassment Training
    5. California Sexual Harassment Training
    6. California Sexual Harassment Training and Prevention


Tags:California workplace violence, preventing workplace violence, recognizing
workplace violence, SB 553, workplace violence
Share


JONATHAN GONZALEZ, ESQ.

Since 2007, Jonathan has practiced labor and employment law on behalf of
management. Jonathan focuses his practice on advising employers on the
prevention of harassment and discrimination issues, with an emphasis on
providing in-person harassment training programs to companies of all sizes.
Jonathan is licensed in California, Illinois, and Wisconsin, and maintains a
national advice practice.


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