New California Law Regarding Violence Prevention in Workplace Is First of Its Kind

The State of California leads the way in implementing novel employment laws, and the new law regarding workplace violence prevention is no exception. In September 2023, Gov. Gavin Newsom signed Senate Bill No. 553 into law, the first of its kind in the nation. The new law adds Section 6401.9 to the California Labor Code, and requires nearly all California employers to implement a workplace violence prevention plan by July 1, 2024. 

Covered employers must establish, per the new law, an “effective” workplace violence prevention plan that includes:

• The names or job titles of the persons responsible for implementing the plan
• Effective procedures to obtain active involvement of employees in developing and implementing the plan, including through their participation in identifying, evaluating, and correcting workplace violence hazards, and in designing and implementing training, as well as in reporting and investigating incidents of violence
• The methods that will be used to coordinate implementation of the plan with other employers, when applicable
• Effective procedures for responding to reports of violence, and to prohibit retaliation against the employee who reported the incident
• Effective procedures to make sure that employees comply with the plan
• Effective procedures to communicate with employees regarding workplace violence, including how employees can report, how their concerns will be investigated, and how they will be informed of the results of the investigation and corrective action taken
• Effective procedures to respond to actual or potential workplace violence emergencies, including alerting employees to emergencies, evacuation or sheltering plans, and how to obtain help from staff assigned to respond to emergencies
• Procedures to develop and provide training 
• Procedures to identify and evaluate workplace violence hazards, including scheduled inspections to identify unsafe conditions and practices 
• Procedures to correct workplace violence hazards 
• Procedures for response and investigation
• Procedures to review the effectiveness of the plan and revise it as needed, including at least an annual review, or when a deficiency is observed, or after an incident of violence

Employers must also keep records specified in the new law, including records regarding identification, evaluation, and correction of workplace violence hazards; training records; an incident log; and records of investigations. 

The penalties for not complying with the new law can quickly add up, and the plans may take a great deal of time to develop and implement.