New Workplace Safety Rules in California: SB 553 Requirements for 2024
California Senate Bill 553 (SB 553), signed into law on September 30, 2023, introduces significant workplace violence prevention requirements for employers. By amending Labor Code section 6401.7 and codifying Labor Code section 6401.9, this legislation requires employers to create and implement comprehensive Workplace Violence Prevention Plans (WVPP) by July 1, 2024. These measures address the growing concern of workplace violence, which affects nearly 2 million American workers annually, according to the Occupational Safety and Health Administration (OSHA).
Scope of SB 553
All employers must establish and maintain injury prevention programs under Section 6401.7. These programs must be comprehensive and include specific elements that ensure workplace safety and health.
For workplace violence prevention, Section 6401.9 sets additional requirements. Employers must develop workplace violence prevention plans that align with the broader injury prevention program while focusing specifically on identifying, assessing, and mitigating workplace violence risks.
However, Section 6401.9(b)(2) outlines narrow exceptions for certain employers. These exceptions apply only if:
- Their employees do not work in environments or positions that expose them to significant risks of workplace violence, as defined by the statute.
- They demonstrate compliance with equivalent or more stringent workplace violence prevention requirements under other applicable laws or regulations.
Employers must evaluate whether their workplace qualifies for these exceptions. If not, they must implement a workplace violence prevention plan under Section 6401.9 to comply with the law.
Key Requirements of SB 553
Starting July 1, 2024, California employers must include the following elements in their WVPP:
- Prohibition of Employee Retaliation: Employers must create policies that protect employees from retaliation when they report workplace violence incidents.
- Responsibility Assignment: Employers must designate individuals by name or job title who will implement the WVPP.
- Acceptance and Response to Workplace Violence Reports: Employers need systems for promptly and effectively receiving and responding to workplace violence reports.
- Employee Training and Communication: Employees must receive training on identifying, preventing, and responding to workplace violence. Additionally, employers should establish clear channels for communication regarding workplace violence.
- Emergency Response Procedures: Employers must outline specific emergency response protocols to handle workplace violence incidents.
- Workplace Violence Hazard Assessments: Employers must conduct regular assessments to identify and address potential workplace violence hazards.
- Violent Incident Log: Employers must maintain a log documenting all workplace violence incidents.
Exemptions
SB 553 provides specific exemptions for certain workplaces, including:
- Small Workplaces: Employers with fewer than ten employees at any time and workplaces inaccessible to the public.
- Remote Workers: Employees who telework from a location of their choice, outside the employer’s control.
- Specific Facilities: Certain healthcare, law enforcement, and correctional facilities, as they may already follow other workplace violence regulations.
Using the State’s Model WVPP
To help employers comply with SB 553, the California Division of Occupational Safety and Health (Cal/OSHA) released a fill-in-the-blank Model Workplace Violence Prevention Plan with detailed instructions. Employers should use this model to ensure compliance with the law. The model plan is available here: Cal/OSHA Model WVPP.
Conclusion
California SB 553 takes a crucial step toward enhancing workplace safety. Employers must act quickly to develop and implement a compliant WVPP. Using the state’s model plan provides a straightforward path to compliance while ensuring alignment with the law.
Cal/OSHA enforces these requirements and issues citations and civil penalties for non-compliance. Employers should begin preparations immediately since the July 1, 2024, deadline has already passed.
For more information and resources, visit the Cal/OSHA website or consult the detailed model plan linked above.
