In addition to the workplace protections provided to employees under federal law, California affords broad workplace safety protections under the state’s Occupational Safety and Health (Cal/OSH) Act and related laws.

Most employers in California are subject to several workplace safety requirements under Cal/OSH. These include a mandate to establish, implement and maintain an effective injury and illness prevention program (IIPP). In addition, as of July 1, 2024, a new law, Senate Bill (SB) 553, requires employers to include a written workplace violence prevention (WVP) plan as a component of their IIPPs. SB 553 also requires employers to:

• Keep a record of certain workplace incidents in a violent incident log;
• Provide annual WVP training to all employees; and
• Create and maintain certain records.

This Employment Law Summary provides additional information about these new requirements.

COVERED EMPLOYERS

SB 553 generally applies to all employers, employees, places of employment and employer-provided housing in California.

However, most health care facilities, prisons and law enforcement agencies are exempt from the new requirements. Exemptions are also available for:

• Employees working remotely at a location that is not under the employer’s control; and
• Workplaces that are not accessible to the public and in which fewer than 10 employees are working at any given time.

Nevertheless, the California Division of Occupational Safety and Health (Cal/OSHA), which is the agency that enforces Cal/OSH, may order any exempt employer to comply with the new law.

WRITTEN WVP PLAN

SB 553 requires employers to establish, implement, and maintain an “effective” WVP plan. This may be incorporated as a stand-alone section in an employer’s existing IIPP or maintained as a separate document. Either way, the WVP plan must be in writing and:

• Available and easily accessible to Cal/OSHA, employees and their representatives at all times;
• In effect at all times and in all work areas; and
• Specific to the hazards and corrective measures for each work area and operation.

CONTENT REQUIREMENTS

The law’s minimum content requirements for an effective WVP plan include the names and job titles of individuals responsible for implementing the plan, along with the items listed in the table below.

The WVP plan must also include any procedures or other information required by Cal/OSHA as being necessary and appropriate to protect the health and safety of employees.

 VIOLENT INCIDENT LOG

Employers must record information in a violent incident log for every workplace violence incident. Information that is recorded in the log for each incident must be based on information solicited from the employees who experienced workplace violence, on witness statements and on investigation findings.

Employers must omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident. This includes the person’s name, address, electronic mail address, telephone number, Social Security number or other information that, alone or in combination with other publicly available information, reveals the person’s identity.

The table below lists the information that must be included in each WVP log entry.

WVP TRAINING PROGRAM

SB 553 requires employers to provide effective WVP training to each employee at the following times:

• When the employer’s WVP plan is first established; and
• Every year thereafter.

Additional training must be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or plan changes.

Training material must be appropriate in content and vocabulary to the educational level, literacy, and language of the employees. The table below lists the minimal required content items for a WVP training program.

RECORDKEEPING

The table below provides the minimum periods of maintenance required for these records.

All WVP-related records must be made available to employees and their representatives upon request and without cost for examination and copying within 15 calendar days of a request.

 ENFORCEMENT

 SB 553 is enforced by Cal/OSHA, which may issue citations to and impose penalties on noncompliant employers. Under the new law, Cal/OSHA is required to propose additional standards for WVP plans and training programs by Dec. 31, 2025. These standards must then be adopted no later than Dec. 31, 2026.

MORE INFORMATION

For more information on California’s workplace safety laws, please consult Core Benefits or visit the Cal/OSHA website.