Event Details: Jeff Lang, Alison Myers, and Archie Lazar are hosting an event on this critical topic and how it impacts your business at The Local Peasant in Woodland Hills next Wednesday, March 26 from 5-7 PM.
Don’t miss this opportunity to join the exclusive discussion, gain expert insights and ensure your business is compliant with California’s new workplace violence prevention law, SB 553.
RSVP here: https://lu.ma/canrx9si
Article By: Jeff Lang, Archie Lazar, OHST, CEAS, and Alison J. Myers
Aimed at combating rising fatalities in the workplace, a new statewide workplace violence prevention law (SB 553) took effect in California in July 2024. In 2023, workplace violence resulted in 740 fatalities nationwide, with homicides making up nearly 62% of those deaths. The new law puts the onus on employers to prevent these incidents before they happen.
Even if your business has a workplace violence plan, there’s a strong chance you may not be in compliance, as SB 553 added new legal requirements, including engaging in proactive hazard assessments, maintaining a violent incident log, and expanding the definition of workplace violence. Statewide businesses that fail to comply face steep fines of $16,285 for general and regulatory violations and up to $162,851 for willful and repeat violations.
Although California is the first state to implement a law like SB 553, it won’t be the last. New York and Texas, for example, already have some type of workplace violence laws in place.
While workplace violence prevention has traditionally focused on physical safety, the introduction of SB 553 creates an opportunity for employers to adopt a more holistic approach to protecting employees. A violence prevention strategy that incorporates employee benefits resources enables your business to both prevent harm and employee well-being.
What’s changed with SB 553?
For years, California businesses could get by with a generic workplace violence policy, but SB 553 now requires employers to implement a formal, written Workplace Violence Prevention Plan (WVPP) that is specific to their risks and actively enforced.
The law requires employers to designate specific employee(s) to oversee compliance and involve employees in identifying risks. Businesses must also conduct proactive hazard assessments — waiting for an incident is no longer an option.
A new violent incident log must track all workplace violence incidents and near misses, ensuring risks are identified and addressed. Mandatory training is now required annually, covering prevention, reporting, and response.
SB 553 expands the definition of workplace violence to also include threats, harassment, and intimidation. It applies broadly but especially affects public-facing industries like retail, hospitality, and education.
Who is exempt?
Certain industries and employers are exempt from the new law, including healthcare facilities and industries already covered by California’s existing workplace violence prevention standard (Title 8, Section 3342), as well as small businesses with fewer than 10 employees on-site at any given time if the workplace is not accessible to the public.
The 12 components of a compliant workplace violence program
To comply with SB 553, your WVPP must include these 12 key components:
- A clear policy statement – Every employer must have a zero-tolerance policy for workplace violence, explicitly stating that acts such as physical assaults, threats, harassment, and intimidation will not be tolerated. The policy must also affirm the company’s commitment to maintaining a safe and secure work environment for all employees. Embed messaging about mental health support, Employee Assistance Program (EAP) access, and well-being resources directly into your policy’s language to reinforce that workplace safety includes emotional health.
- A comprehensive risk assessment – Employers must identify and assess potential workplace violence risks, taking into account factors such as workplace layout, employee roles, historical incidents, and security vulnerabilities. Expand your assessment to include psychological safety, stress factors, and burnout risks. This assessment should involve employee input to ensure all potential threats are recognized.
- Effective prevention strategies – Businesses must implement proactive measures to reduce the risk of workplace violence, such as installing security cameras, securing entrances, enforcing access control policies, conducting regular resilience and safety training, and facilitating communication workshops. Employees should be trained to recognize early warning signs of violence and be encouraged to report suspicious behavior or threats.
- A clear incident reporting and response process – Employers must create a confidential, non-punitive reporting process that enables employees to report workplace violence incidents without fear of retaliation. Include information about EAP and mental health resources that are available to support employees through the process. The response plan must outline who is responsible for handling reports, how incidents will be investigated, and when law enforcement should be notified.
- A detailed emergency action plan – Every business must establish procedures for lockdowns, evacuation routes, and emergency service contacts.
- Mandatory employee training and education – Employers must provide initial and annual workplace violence prevention training that is interactive, easy to understand, and tailored to employees’ education and language skills. Training must cover the WVPP, workplace hazards, de-escalation, emergency response, and reporting protocols. You should integrate well-being topics like emotional regulation and peer-to-peer support systems to help your team. Supervisors must also be trained in handling complaints and supporting affected employees.
- Support services and resources for employees – Businesses must ensure that employees affected by workplace violence have access to counseling services, EAPs, medical care, and time off if needed.
- A thorough investigation process – All reported incidents of workplace violence must be promptly and thoroughly investigated following a structured protocol. Investigations should involve gathering evidence, interviewing involved parties, documenting findings, and ensuring that the process remains fair, confidential, and impartial.
- Clear disciplinary actions for violators – Employers must establish and enforce clear consequences for engaging in workplace violence, which may include disciplinary actions, termination, or legal consequences, depending on the severity of the incident.
- Ongoing monitoring and continuous improvement – Businesses must review and update their workplace violence prevention plans at least annually, when a deficiency becomes apparent or after an incident to ensure they remain effective. Employers should conduct safety audits, employee surveys, and incident reviews to assess the effectiveness of prevention strategies and make necessary adjustments. Conduct these reviews concurrently with benefits program evaluations to gain comprehensive insights into your employees’ evolving health and safety needs.
- Legal compliance with local, state, and federal laws – Employers must ensure that their workplace violence policies align with state and federal regulations, including OSHA standards and SB 553 requirements. Businesses operating in multiple states must also stay informed about evolving workplace violence laws in any state in which they operate.
- Collaboration with external resources – Businesses should establish relationships with local law enforcement, legal counsel, wellness partners, and workplace violence prevention experts to ensure they have the necessary support, training, and crisis response resources to handle workplace violence incidents effectively — before they happen.
You don’t have to navigate this alone
Navigating SB 553 compliance may seem overwhelming, but you don’t need to do this alone. Your insurance broker can help you conduct a workplace violence risk assessment, develop a compliant WVPP, and provide necessary employee training to ensure your employees are set up to thrive and your business is protected from liability risks.
Need help?
Reach out to a Venbrook advisor today to ensure your business meets California’s new legal requirements and stays ahead of workplace violence risks.