Member Article

By:  Roger L. Scott

In September of 2023, Governor Gavin Newsom signed into law Senate Bill 553, which amended Labor Code section 6401.7 and created new section 6401.9 to require employers (with few exceptions) to develop and implement a detailed workplace violence prevention plan and to train their employees in addressing workplace violence. Employers were required to comply by July 1, 2024.

Despite the new requirements being announced months ago and the subject of much public discussion, we know that many employers have not yet implemented a plan. Some may not have been exposed to the law’s requirements. Others may not believe they are covered, or may just have put off implementing the plan because the deadline seemed far away.

Unfortunately, there is no grace period or ramp-up for enforcement. Employers who do not already have workplace violence prevention plans in place, including employee training, are out of compliance and may be subject to citation and civil penalties.

The California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) has issued guidance on what must be in a workplace violence prevention plan to comply with the law.  This included an Information for Employers Fact Sheet and a model written workplace violence prevention plan.

The Fact Sheet provides a general outline of key statutory requirements including:

• The required elements of a written workplace violence prevention plan
• Keeping a log of all incidents of workplace violence
• Conducting mandatory training of employees
• Record keeping requirements

And the “model plan” is just that, a model. A compliant workplace violence prevention plan is not a simple document. It must be comprehensive and meet all of the requirements of the statute. The “model plan” is a 19-page template that must still be carefully tailored to the needs of each business.

If your business has not yet implemented a workplace violence prevention plan, or if you have, but have questions about the plan, required employee training, or any of the other requirements, you should contact a skilled labor and employment attorney.