Young: Newsom Signs Workplace Violence Bill

Friday, October 6, 2023 | 0

Gov. Gavin Newsom signed Senate Bill 553 on Saturday. SB 553, by Sen. Dave Cortese, D-Campbell, is designed to address the rising problem of workplace violence incidents.

Julius Young

In a blog entry earlier this year, I noted that California is experiencing an epidemic of workplace violence.

We see egregious examples every day on the local news. Last week in El Sobrante, a shoplifter set a convenience store clerk on fire with stolen lifter fluid as the clerk confronted the shoplifter.

So what does SB 553 do?

Although employers are already required by law to have an injury and illness prevention plan (IIPP), SB 553 requires a workplace violence prevention plan (WVPP) as well (except for certain exempted employers).

SB 553 outlines required elements of the WVPP, including “effective procedures” to respond to workplace violence emergencies and workplace hazards. Employers are required to record information in an incident log for every workplace violence incident. Workplace violence is broadly defined in the bill and includes threats that have a high likelihood of stress or psychological trauma regardless of whether the employee sustains an injury.

The WVPP requires the employer to provide effective training to employees, with materials appropriate in content for the educational level, literacy and language of employees.

The WVPP also must provide for recordkeeping of training and incidents for up to five years.

SB 553 requires Cal/OSHA to enforce the provisions.

Cal/OSHA is required to propose WVPP standards by Dec. 31, 2025, and adopt the standards by Dec. 31, 2026.

The bill includes a provision that beginning Jan. 1, 2025, a collective bargaining representative can seek a temporary restraining order where an employee has suffered unlawful violence or a credible threat of workplace violence.

The requirements for a violent incident log, training and recordkeeping will be operative as of July 1, 2024.

This bill is a good step forward for workers.

While some employers may have hiccups implementing the training and recordkeeping, over time this should provide meaningful data on the extent of workplace violence problems. And it will force many employers to address the problem rather than sweeping it under the rug. Some retail employers are struggling to figure out a way to combat theft/shrink and attendant workplace violence.

There are many factors causing the increase in workplace violence, and SB 553 will not solve the general societal ills that are fueling the rise. But it’s a much-needed step.

In the coming days, I’ll be blogging on other bills that are on Gov. Newsom’s desk.

Julius Young is an applicants' attorney and a partner for the Boxer & Gerson law firm in Oakland. This column was reprinted with his permission from his Workers Comp Zone blog on the firm's website.