The California legislature passed Senate Bill 553 (SB 553) in 2023. This bill requires most California employers to implement a written Workplace Violence Prevention Program (WVPP) and to train employees on the WVPP. At Newmeyer Dillion, we are dedicated to helping you navigate these requirements and maintain a safe, compliant work environment.

Act Now: Two Weeks to Comply

With SB 553's July 1st compliance deadline, employers have just two weeks to develop and implement a compliant Workplace Violence Prevention Program (WVPP). The clock is ticking, and it is imperative to act swiftly to ensure compliance and protect your employees.

What is SB 553?

SB 553 is a legislative measure aimed at enhancing workplace safety by mandating specific actions from employers to prevent workplace violence. This bill recognizes the growing concern around workplace violence incidents and the need for proactive measures to maintain a safe workplace. The key components of SB 553 include:

1. Establishment of a Workplace Violence Prevention Program (WVPP): Employers are required to develop and implement a comprehensive written WVPP tailored to their specific workplace environment and risks.
2. Employee Training: Employers must provide regular training to employees on recognizing and responding to potential workplace violence. This training must be ongoing and updated as necessary to reflect new risks and best practices.
3. Reporting and Documentation: The bill mandates robust reporting, documentation, and record-keeping procedures to ensure incidents are recorded, investigated, used to improve workplace safety measures continuously, and retained for future reference.

Key Dates and Deadlines

Understanding the timeline for SB 553 implementation is crucial for compliance:

• Effective Date: SB 553 went into effect on January 1, 2024.
• Initial WVPP Development: Employers must have their initial written WVPP developed and in place by July 1, 2024.
• Training Implementation: Initial employee training must be completed when the WVPP is first established.
• Ongoing Training: Employers must provide regular, ongoing training at least once a year, with additional sessions as necessary based on new risks or changes in the workplace environment.
• WVPP Review: The WVPP must be reviewed and updated annually, when a deficiency is observed, and after a workplace violence incident to ensure it remains effective and compliant with any new regulations or emerging risks.

Required Documents to Retain

Compliance with SB 553 involves maintaining thorough records and documentation. Employers must retain the following documents to ensure adherence to the law:

1. WVPP Documentation: Keep a detailed copy of the Workplace Violence Prevention Program, including any revisions or updates.
2. Risk Assessments: Retain records of all risk assessments conducted, including findings and actions taken to mitigate identified risks for at least five years.
3. Training Records: Document all employee training sessions, including dates, attendance, materials used, and topics covered, and keep them for at least one year.
4. Incident Reports: Maintain detailed records of all reported workplace violence incidents, including the nature of the incident, investigation findings, and any corrective actions taken for at least five years.
5. Annual Reviews: Keep records of the annual review and updates to the WVPP, including any changes made based on new risks or feedback from employees, for at least five years.
6. Employee Acknowledgements: Document employee acknowledgements of receiving training and understanding the WVPP policies and procedures, and keep them for at least one year.

Why is a WVPP Essential?

A WVPP is not just a legal requirement under SB 553; it is a critical component of a safe and productive work environment. Here’s why:

1. Enhanced Safety: A well-implemented WVPP helps identify potential risks and mitigates them before they escalate into serious incidents. This proactive approach significantly enhances overall workplace safety.
2. Employee Confidence and Morale: Knowing that their employer prioritizes safety boosts employees’ confidence and morale. This leads to higher job satisfaction and retention rates.
3. Legal Compliance: Non-compliance with SB 553 can result in severe penalties, legal action, and reputational damage. A WVPP ensures that your business stays compliant with the law, avoiding these risks.
4. Incident Reduction: Training employees on recognizing warning signs and appropriate responses can drastically reduce the number and severity of workplace violence incidents.

Components of an Effective WVPP

To comply with SB 553 and ensure your Workplace Violence Prevention Program is effective, it should include the following components:

1. Risk Assessment: Regularly conduct thorough assessments to identify potential risks and vulnerabilities in your workplace.
2. Policies and Procedures: Develop clear policies and procedures for preventing and responding to workplace violence. Ensure these are communicated effectively to all employees.
3. Training Programs: Implement ongoing training programs that educate employees about workplace violence, how to identify it, and how to respond safely and effectively.
4. Incident Reporting System: Establish a robust system for reporting and documenting incidents of workplace violence, including an incident log. Ensure employees know how to use this system and feel comfortable doing so.
5. Emergency Response Plan: Develop a crisis response plan that outlines immediate actions to take in the event of a workplace violence incident. Regularly drill and update this plan.
6. Prohibit Retaliation:  Develop and communicate to employees procedures to prohibit retaliation against employees who report hazards or workplace violence.

Who Should Manage Your WVPP?

While it might seem natural to assign the responsibility of the WVPP to your Human Resources department, consider having your Safety or Operations team manage this program. These teams typically have a deeper understanding of workplace safety protocols and risk management, which can lead to a more effective and robust WVPP. Here are some reasons why this might be a better fit:

• Expertise in Safety Protocols: Safety and Operations teams are often better equipped to handle the intricacies of workplace safety measures and risk assessments.
• Focus on Operational Efficiency: These teams can integrate the WVPP more seamlessly into daily operations, ensuring that safety measures are practical and consistently applied.
• Specialized Training: Safety and Operations teams may already have specialized training in handling workplace violence and can provide more relevant and effective training to employees.

How Newmeyer Dillion Can Help

At Newmeyer Dillion, we understand the complexities of complying with SB 553 and implementing an effective WVPP. Our team of experienced attorneys can assist you in:

• Developing a Customized WVPP: We work with you to create a program tailored to your specific workplace environment and risks.
• Training Programs: We assist in developing comprehensive training programs for your employees, ensuring they are well-prepared to recognize and respond to potential threats.
• Legal Compliance: We help you navigate the legal requirements of SB 553, ensuring your policies and procedures meet all mandated standards.
• Ongoing Support: Our firm offers ongoing support to update your WVPP and training programs as new risks and regulations emerge.

Conclusion

SB 553 represents a significant step forward in protecting employees from workplace violence. By implementing a comprehensive Workplace Violence Prevention Program and providing regular training, employers can create a safer, more secure work environment. At Newmeyer Dillion, we are committed to guiding you through these requirements and ensuring your compliance. Contact us today to learn more about how we can assist you in developing and maintaining an effective WVPP.

---

Feel free to reach out to us at Dutch.Schotemeyer@ndlf.com or Jason.Morris@ndlf.com  for any questions or to schedule a consultation. Together, we can make your workplace a safer place for everyone.

---

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with a qualified attorney.