- New state law is unique. First-of-its-kind legislation requires many employers in California to implement a workplace violence prevention and training plan.
- Definitions of violence are expanded. The law goes beyond physical violence and active-shooter measures and includes psychological and emotional violence.
- Other businesses should follow suit. Experts anticipate other states will implement similar laws, making now a good time for any organization to examine their current policies and plans.
Workplace safety and employee morale are likely boosted when a business is proactive about addressing all types of workplace violence — not just briefly condemning violence in a handbook or holding active-shooter trainings.
For the first time, that concept has been codified, with California Senate Bill (SB) 553 requiring certain employers in California to implement a workplace violence prevention plan. SB 553, which was published on Oct. 2, 2023, was written after nine Valley Transportation Authority employees were shot and killed by a coworker in San Jose, California, in 2021.
“That’s why training is so important,” said Matt Doherty, managing director of workforce risk management at Sikich, a global company specializing in technology-enabled professional services. “There are likely warning signs and red-flag behaviors that were observed by somebody, but there wasn’t a reporting mechanism, and the employees were not trained on what to observe and who to report it to.”
SB 553 seeks to mitigate those challenges. Here’s what the new law means for employers in California — and, perhaps, beyond.
What’s Required of Businesses
SB 553 requires California employers with at least 10 on-site employees to:
- Implement a comprehensive, written workplace violence prevention plan.
- Offer workplace violence prevention training tailored to the business.
- Maintain a comprehensive log of violent incidents, threats and reports.
Companies that do not comply can be cited with civil penalties or misdemeanors by Cal/OSHA.
What Makes SB 553 Different
A key aspect of the legislation is its expanded definitions of workplace violence (physical violence, bullying, harassment, intimidation, disruptive behavior, stalking, written threats or any action that makes an employee feel unsafe).
It also addresses outside violence — not only from coworkers — but clients, visitors or family members, Doherty said, citing data from the U.S. Department of Labor’s Bureau of Labor Statistics that almost 40% of women killed in the workplace were killed by an intimate partner.
As part of the new guidelines, California employers now will be required to document incidents that impact employees’ mental health, whether or not they involved physical violence or injury — marking “a significant step forward in workplace safety,” said Slater Jackson, a consultant on the National Risk Control team at Gallagher, an insurance and risk management firm.
Next Steps for Employers
Consider these common scenarios. One employee is concerned that a coworker is experiencing domestic abuse but doesn’t want to get her in trouble. Others are worried their boss is experiencing untreated, escalating mental health issues, but fear getting fired. And, one employee was told to do “whatever it takes” to keep a “high-value client” happy.
Fear of retaliation may keep those employees from reporting threats or concerns. Therefore, a culture of support, the option of anonymous reporting and a guarantee that good-faith reporting will not result in retaliation are vital pieces of an effective plan, Doherty said.
Jackson added crafting a tailored prevention plan using employee input is critical, creating a sense of ownership of the plan and helping to better identify risks specific to each workplace.
Employers can use guidelines from the Occupational Safety and Health Administration, ASIS International and the FBI to help create a plan, but doing so shouldn’t be a matter of copy-and-paste, particularly given the law’s expanded definitions of workplace violence.
“The reality is that every workplace is unique, and every organization may have different protocols for reporting incidents, evacuating and sheltering in place,” Jackson said. “It’s imperative for employers to take full ownership and personalize their workplace violence safety training.”
Kate Colberg, North America risk advisory lead for Alert:24, WTW’s security risk advisory and crisis support practice, urged businesses to see the new California legislation as an opportunity.
“Don’t just react to this law, but go on the offense,” she said. Employers can do so by rolling out not only a workplace violence prevention program but a full-scale crisis management plan.
It’s not just California businesses that should take note, Colberg said. A similar bill, the Retail Worker Safety Act, was introduced in New York earlier this year and is currently in committee.
“We need to be ready for similar legislation to start being introduced throughout the United States,” Colberg said. “It may take years, but I expect to eventually see every state implement similar legislation of some sort, perhaps even workplace violence prevention legislation on a federal level.”
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