On September 30, 2023, California Governor Gavin Newsom signed Senate Bill 553 (SB 553) into law, which addresses workplace violence prevention across a wide range of industries. The bill builds on existing protections in healthcare settings and extends workplace violence prevention standards to include non-healthcare sectors. SB 553 aims to reduce incidents of violence in the workplace, enhance employee safety, and ensure that employers take proactive measures to protect their staff.

Let’s explore the key provisions of SB 553, its implications for employers, and how HR professionals can prepare to comply with the new requirements.

What is California Senate Bill 553?

SB 553 is a new piece of legislation that requires all California employers, not just those in healthcare, to adopt specific measures to prevent and respond to workplace violence. It mandates that employers implement workplace violence prevention programs, conduct regular risk assessments, and establish procedures to protect employees from potential violence. The bill is designed to create safer workplaces and reduce the number of violent incidents, particularly in industries where employees may face heightened risks, such as retail, hospitality, and social services.

Key Provisions of SB 553

1. Workplace Violence Prevention Plans

The most significant requirement under SB 553 is for employers to develop and implement a comprehensive Workplace Violence Prevention Plan (WVPP). This plan must include procedures for identifying, preventing, and responding to workplace violence. The WVPP must address the specific risks relevant to each workplace, including physical threats, assaults, and other forms of violence that employees may encounter.

The WVPP must also include:

  • Procedures for reporting workplace violence incidents.
  • Methods for identifying and evaluating workplace violence hazards.
  • Measures to prevent violent incidents, such as physical security improvements or staffing changes.
  • Procedures for investigating violent incidents and taking corrective actions.
  • Training programs for employees and supervisors on how to recognize and respond to workplace violence.

2. Risk assessment and hazard identification

Employers are required to conduct regular assessments to identify potential workplace violence hazards. This includes evaluating the physical layout of the workplace, reviewing past incidents of violence, and identifying job roles that may be more vulnerable to violent threats (such as customer-facing positions). The goal is to proactively address risks before they escalate into incidents.

3. Employee training

SB 553 mandates that employers provide training to employees on how to recognize, avoid, or de-escalate violent situations. This training must be tailored to the specific risks of each workplace and should cover topics such as conflict resolution, safe workplace practices, and emergency response procedures.
Supervisors and managers are also required to receive specialized training on how to implement the WVPP, respond to workplace violence incidents, and support affected employees.

4. No requirement for employees to confront shoplifters

A unique aspect of SB 553 is its explicit provision that employees should not be required to confront shoplifters or other individuals involved in criminal behavior. This provision is particularly relevant in the retail industry, where employees are sometimes expected to intervene in incidents of theft or customer disputes. SB 553 makes it clear that employers must prioritize employee safety over property protection and should not put employees in harm’s way by requiring them to confront individuals engaging in violent or criminal activity.

5. Recordkeeping and reporting

Employers must maintain records of workplace violence incidents, including detailed reports of what occurred, how the incident was handled, and any follow-up actions taken. This data is essential for identifying patterns of violence and improving safety protocols. Employers are also required to report serious incidents of violence to the California Division of Occupational Safety and Health (Cal/OSHA).

6. Increased safety measures

Depending on the risk level in the workplace, employers may need to adopt physical safety measures such as installing security cameras, enhancing lighting in certain areas, or employing security personnel. These measures are meant to deter potential violence and ensure that employees feel safe while at work.

Which companies are impacted by SB 553?

SB 553 applies to all industries and sectors, meaning that businesses across California, from small retail shops to large corporate offices, must comply with the new regulations. While healthcare organizations already have workplace violence prevention requirements under Cal/OSHA’s existing standards, SB 553 expands these protections to include non-healthcare sectors, which often face their own unique violence risks.
Industries particularly impacted by SB 553 include:

  • Retail: Given the high risk of theft and confrontations with customers, retail employers will need to ensure they have clear policies to protect employees from potential violence.
  • Hospitality: Hotels, restaurants, and bars often experience violent incidents, making workplace violence prevention plans essential.
  • Social Services: Employees working with vulnerable populations in social services may encounter situations where violence is more likely, requiring comprehensive prevention strategies.
  • Education: Schools and universities must ensure that employees are protected from the growing risks of violence on campus.

Implications for employers and HR pros

For HR professionals, SB 553 introduces new responsibilities in ensuring that workplaces are compliant with the legislation. HR will play a critical role in developing and implementing the WVPP, conducting risk assessments, and ensuring that employees are properly trained on workplace violence prevention. Here are some key steps for HR professionals to consider:

Develop a Workplace Violence Prevention Plan

Work closely with management, legal counsel, and safety experts to create a WVPP that addresses the specific needs and risks of your workplace. This plan should be thorough, well-documented, and accessible to all employees.

Conduct Regular Risk Assessments

Identify areas of vulnerability within your workplace and implement appropriate safety measures. This may involve physical changes to the work environment or operational adjustments, such as staffing levels or shift patterns.

Implement Employee Training Programs

Provide ongoing training to employees at all levels on workplace violence prevention. This training should be tailored to the roles and risks faced by each group of employees and should focus on practical strategies for preventing and responding to violence.

Prioritize Employee Safety

Ensure that employees understand they are not required to confront violent individuals or intervene in potentially dangerous situations. Reinforce that their safety is the company’s priority, and provide clear procedures for reporting violence or threats.

Maintain Records and Monitor Incidents

Set up a system for documenting workplace violence incidents, and regularly review these records to identify patterns or recurring issues. This information can help inform updates to the WVPP and guide future safety measures.

The bottom line

California Senate Bill 553 represents a significant step forward in protecting employees from workplace violence. By requiring all employers to adopt comprehensive prevention plans, conduct risk assessments, and provide employee training, the bill aims to create safer workplaces across the state. HR professionals have a critical role to play in ensuring compliance with SB 553, and by taking proactive steps, they can help safeguard their organizations and employees from the growing threat of workplace violence.