Workplace Violence Prevention in California: SB 553

Overview

California has taken significant steps to protect employees from workplace violence through Senate Bill 553, which took effect on July 1, 2024. This law establishes full requirements for workplace violence prevention, including mandatory violence prevention plans, employee training, incident reporting, and retaliation protections. The law represents one of the most full workplace violence prevention statutes in the nation.

SB 553 Overview

Senate Bill 553 amends California Labor Code Section 6401.9 to establish full workplace violence prevention requirements. The law applies to all employers in California regardless of size and creates affirmative obligations to prevent and respond to workplace violence.

Effective Date

SB 553 became effective on July 1, 2024. Employers were required to comply with the law beginning immediately upon its effective date.

Workplace Violence Definition

Under SB 553, workplace violence is defined as an incident involving the attempted, threatened, or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm to employees or other individuals at the workplace. The definition includes:

• Physical assaults or threats of physical assault
• Verbal or written threats
• Bullying or harassment that creates safety concerns
• Intimidating behavior that threatens an employee's psychological well-being or safety

Prevention Plan Requirements

Employers must develop, implement, and maintain a written workplace violence prevention plan. The plan must be developed with input from non-managerial employees and must include:

Required Plan Components

• Identification of workplace violence hazards at the employer's worksite(s)
• Methods to correct and control identified hazards
• Employee and employer responsibility procedures
• Reporting procedures for workplace violence incidents
• Procedures for investigating incidents and complaints
• Corrective action procedures
• Procedures for emergency action and prevention response
• Communication procedures
• Training procedures and requirements
• Evaluation and revision procedures
• Accountability procedures

Employee Involvement

The workplace violence prevention plan must be developed and implemented with the meaningful participation and input of non-managerial employees. This requirement ensures that employee perspectives and frontline experience inform the prevention strategy.

Employee Training

Employers must provide regular training to all employees on workplace violence prevention. The training must cover:

• Workplace violence recognition and prevention
• De-escalation techniques and conflict resolution
• Reporting procedures
• How to respond to threats or violent behavior
• Employer policies and procedures
• Employee rights and responsibilities

Training Frequency

Employers must provide training to:

• All new employees at the time of hire
• All existing employees no later than six months after SB 553's effective date (July 1, 2024)
• All employees annually thereafter

Incident Logging and Investigation

Employers must establish and maintain procedures for logging and investigating all workplace violence incidents.

Incident Reporting

All workplace violence incidents, threats, or concerning behavior must be reported and logged. Employers must:

• Maintain records of all reported incidents
• Document the nature of the incident, date, time, location, and parties involved
• Keep records for at least five years
• Make records available to employees and their representatives upon request

Investigation Procedures

Employers must promptly investigate all reported incidents. Investigations must be:

• Fair, thorough, and timely
• Conducted by trained personnel or outside investigators
• Documented in writing
• Protected by confidentiality to the extent possible

Employee Rights to Report

SB 553 establishes clear employee rights to report workplace violence:

• Employees may report threats or violence to their supervisor, management, or an anonymous hotline
• Reports must be treated seriously and investigated promptly
• Employees have the right to know the results of investigations (subject to confidentiality)
• Employees may request accommodations or changes to prevent further violence

Protection from Retaliation

SB 553 provides critical protections against retaliation for reporting workplace violence or participating in related activities. Employers may not:

• Discipline, discharge, threaten, or discriminate against an employee for reporting workplace violence
• Retaliate against employees for participating in investigations
• Discourage or prevent employees from reporting violence
• Retaliate against employees for requesting accommodations related to safety concerns

Retaliation Claims

Employees who experience retaliation for reporting workplace violence may have claims for:

• Violation of Labor Code Section 6401.9 (which provides a private right of action)
• Wrongful termination in violation of public policy
• Retaliation under whistleblower statutes

Employer Obligations

SB 553 imposes full obligations on employers:

Hazard Assessment

Employers must conduct a written assessment of workplace violence hazards. This assessment should consider:

• The nature of work activities that may expose employees to violence
• Job categories and locations at higher risk
• Work history and past incidents
• Environmental risk factors

Corrective Action

If investigations confirm that workplace violence has occurred, employers must take corrective action that may include:

• Disciplinary measures against perpetrators
• Environmental or procedural changes to prevent recurrence
• Providing support services to affected employees
• Temporary suspension of the perpetrator pending investigation (in appropriate cases)

Cal/OSHA Enforcement

The California Division of Occupational Safety and Health (Cal/OSHA) enforces workplace violence prevention requirements under SB 553.

Inspection and Citations

Cal/OSHA may:

• Conduct inspections to verify employer compliance
• Issue citations for violations
• Require remedial action plans
• Impose penalties

Penalties

Employers who fail to comply with SB 553 requirements may face:

• Civil penalties from Cal/OSHA
• Lawsuits by employees for violations
• Liability for injuries resulting from workplace violence and employer negligence in prevention

Healthcare and Special Standards

While SB 553 applies to all employers, certain industries have heightened exposure to workplace violence.

Healthcare Workers

Healthcare facilities have long been recognized as high-risk environments for workplace violence. SB 553 applies to all healthcare employers, and additional California regulations govern healthcare workplace safety.

Other High-Risk Industries

SB 553 recognizes that certain industries face elevated violence risks, including:

• Law enforcement and security
• Transit and transportation workers
• Retail and customer service
• Social services

Domestic Violence Accommodations

Employers must provide reasonable accommodations to employees who are victims of domestic violence, sexual assault, or stalking, to ensure workplace safety. Accommodations may include:

• Modified schedules or work locations
• Security measures to prevent perpetrator access
• Restraining order compliance
• Temporary leave or reassignment
• Enhanced security or support services

Conclusion

SB 553 represents a major expansion of workplace violence prevention protections in California. The law creates affirmative employer obligations to prevent violence and protects employees who report incidents. If you experience workplace violence or retaliation for reporting violence, consult with a qualified employment attorney to understand your rights and potential remedies.

This guide is provided for general informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by reading this material. Laws and regulations may change, and the application of law depends on the specific facts of each situation. Consult a qualified attorney for advice regarding your particular circumstances.