Will new California law prevent ‘outbreaks of serious violence’ at workplaces? How it works

Workers across California will soon undergo training to prevent violence at job sites.

Senate Bill 553, which goes into effect July 1, aims to improve safety in workplaces in the state.

The new law will require employers to develop workplace violence prevention plans, train workers and managers on those safety plans and keep track of incidents.

Here’s how the law works:

What inspired new California law?

State Sen. Dave Cortese, D-San Jose, introduced Senate Bill 553 in response to a mass shooting at the Santa Clara Valley Transportation Authority in May 2021.

Nine people died when a disgruntled employee opened fire on colleagues at the light rail yard in downtown San Jose, The Sacramento Bee previously reported.

“On that horrible day, we quickly realized how safety protocols can and must be enhanced,” Cortese said in a Sept. 30 statement. “This groundbreaking law will help workers and employers establish a plan for the types of workplace violence that are on the rise.”

Cortese said the legislation, which Gov. Gavin Newsom signed into law in September, will help employees “prepare for potential outbreaks of serious violence” at work sites.

Some social media users falsely claimed that SB 553 would make it illegal to fight back against looters, burglars and shoplifters, The Associated Press reported in September, sparking concerns among business owners about increased thefts.

However, the law doesn’t prohibit employees from confronting shoplifters, the Associated Press reported.

How does Senate Bill 553 aim to prevent workplace violence?

According to the federal Occupational Safety and Health Administration, workplace violence is any act or threat in the form of physical aggression, harassment, intimidation or threatening, disruptive behavior at a place of employment.

“It ranges from threats and verbal abuse to physical assaults and even homicide,” the agency said. “It can affect and involve employees, clients, customers and visitors.”

When SB 553 takes effect on July 1, certain employers will be required to create, implement and maintain workplace violence prevention plans.

Employers must record violent incidents in a log and provide training to employees on violence prevention.

According to the law, workplaces must also provide additional training when new hazards in the workplace are identified or changes are made to the plan.

Additionally, under the new law, employers are required to:

• Identify, evaluate and correct workplace violence hazards
• Maintain training records, violent incident logs and workplace incident investigation
• Make certain records available to employees and worker representatives

Employers must also create procedures on “how to obtain help from staff assigned to respond to workplace violence emergencies” such as security guards and law enforcement officers, the law says.

What does safety plan law mean for employees?

According to national law firm Buchanan Ingersoll & Rooney, training for workers and managers will typically cover what workplace violence is, how to report it and strategies to prevent it, as well as procedures to follow after an incident.

Cal/OSHA has guidance on what employers and employees can expect in a safety plan.

Who’s exempt from the law?

Under the legislation, healthcare facilities are exempt since they have separate standards to comply with.

Also exempt are businesses that have less than 10 employees working on-site at a given time and are not accessible to the public, and employees that telework.