To protect workers and revolutionize workplace safety, California Governor Gavin Newsom recently signed Senate Bill 553, a groundbreaking law requiring employers to adopt comprehensive workplace violence prevention plans. These plans will help maintain records of threats or incidents of workplace violence and ensure that workers receive effective training to handle each situation. This marks a significant milestone in ensuring the safety of employees in a wide range of industries.
A Broader Approach To Workplace Safety
California’s new workplace violence prevention law, which extends its requirements to nearly all employers, represents a significant leap forward in ensuring the safety of employees. While specific industries such as health care have already established workplace violence prevention standards, this law broadens the scope, providing protections to workers in various sectors.
Key Elements Of The Workplace Violence Prevention Plan
One of the foundations of this new legislation is the requirement for employers to establish a written workplace violence prevention plan. This plan should encompass several elements, including:
- Designating a responsible person for implementing the program
- Procedures for reporting and responding to workplace violence incidents
- Ensuring non-retaliation against employees who report such incidents
- Providing means for employees to report incidents or concerns without fear of reprisal
- Methods to alert employees about the presence, location, and nature of workplace violence emergencies
- Evacuation or sheltering plans appropriate to the work site
- Processes for investigating employee concerns and informing employees of the investigation results
- Employee involvement in developing and implementing the violence prevention plan
- Periodic reviews and revisions of the plan as needed
The Power Of Training
Another crucial aspect of the law is the requirement for employers to train workers on “red-flag behaviors” and strategies for de-escalating potentially volatile solutions. This training empowers employees to recognize warning signs and appropriately defuse conflicts before they escalate into violence.
Keeping Detailed Records
Beginning on July 1st, 2024, employers must log all reports of violence or threats and document their actions in response to these incidents. The log must not contain any personally identifiable information to safeguard employees’ privacy. These records must be maintained for at least five years and made available to the California Division of Occupational Safety and Health (Cal/OSHA) upon request. Employers can face fines if they do not keep the log properly.
Trends And Prevention
Maintaining these records is not just about compliance but also about improving long-term violence prevention efforts. By keeping track of incidents and responses, California employers will have an opportunity to identify trends within their organizations, allowing them to develop more effective violence prevention strategies.
Protecting Employee Identities
To encourage reporting without fear of retaliation, a provision in the law allows a supervisor or union representative to apply for a temporary restraining order on behalf of an employee without revealing the employee’s name in the report. This provision is set to take effect on January 1st, 2025, and aims to provide a more secure channel for reporting credible threats.
Exemptions And High-Risk Industries
The new law does not apply to employers already covered by California’s existing workplace violence prevention standard for the health care industry, telecommuting employees working from a location of their own choice, and worksites with fewer than 10 employees that are not accessible to the public. High-risk industries are more vulnerable to workplace violence and include the following:
- Health care
- Late-night convenience stores
- Taxi services
- Ride-hailing companies
- Customer service offices
Establishments serving alcohol, including restaurants, bars, and casinos, also face a higher risk, according to the U.S. Occupational Safety and Health Administration (OSHA).
Workplace Violence Statistics
Workplace violence is a pressing issue that this law seeks to address. In 2020, there were 392 workplace homicides and 37,060 nonfatal injuries in the workplace resulting from intentional harm by another person, as reported by the U.S. Bureau of Labor Statistics (BLS). These incidents occurred across various industries, making the need for comprehensive prevention measures evident.
The Benefits Of A PEO
The new California law on workplace violence prevention has opened a path to a safer and more secure future for employees. However, navigating this path successfully requires expertise and guidance, which is where professional employer organizations (PEOs) like GMS can shine. These seasoned professionals specialize in navigating the intricacies of labor regulations, offering tailored solutions to meet the demands of this legislation. As a business owner, when you partner with a PEO, you’re unlocking the full potential of your workforce, fostering a culture of safety and well-being. In this era of change and progress, the collaboration between California’s law and PEOs creates a simpler, safer, and stronger tomorrow for business owners. Contact us today to learn more.