California Senate Bill No. 553

Overview

California Senate Bill No. 553 (SB 553), signed into law on 30 September 2023, is designed to strengthen workplace safety by requiring employers to develop and maintain comprehensive Workplace Violence Prevention Plans (WVPPs). While the bill primarily focuses on workplace safety, it includes strong protections that allow employees to report violence or threats without fear of retaliation. These protections function similarly to whistleblower safeguards, even though the law is not formally a whistleblower statute. The law went into effect on 1 July 2024.

Regulation Summary

Timeline

30 September 2023 – Law enacted
1 July 2024 – Compliance deadline for employers to implement WVPPs
1 January 2025 – Expanded right for unions to file restraining orders on employees’ behalf becomes operative

What Businesses Are Affected

All private sector employers in California (with very limited exemptions)
Employers with 10 or more employees working at a publicly accessible location
Employers who are not already covered by certain industry-specific Cal/OSHA regulations (e.g., healthcare)

Exemptions

Teleworkers working from locations not controlled by the employer
Locations with fewer than 10 employees on site and not open to the public
Certain law enforcement and correctional facilities already subject to POST or Cal/OSHA regulation

Responsibilities for Businesses

Develop, implement, and maintain a written Workplace Violence Prevention Plan
Train all employees on how to report threats and violent incidents
Maintain and regularly update a violent incident log and post-incident investigations
Ensure no employee faces retaliation for reporting workplace violence or threats
Allow employees to report anonymously or confidentially

Specific Responsibilities for Website Owners

If a business uses a website or portal as a primary communication channel with employees, it may consider:

Providing clear instructions on how to report workplace violence or threats
Linking to a secure method for submitting incident reports (e.g., encrypted form, hotline, or reporting email)
Including a statement against retaliation for making a report
Making the written WVPP and related training materials digitally accessible to employees, in line with the law's requirement for accessibility

Additional Requirements

Employers must conduct regular training sessions and provide updates when the WVPP changes
Maintain records for at least five years on hazard assessments, incident logs, and training
Include employee participation in WVPP creation, updates, and reviews

Individual Rights

Right to report workplace violence anonymously or confidentially
Right to access and review reporting procedures and protections
Right to receive training on rights and protections against retaliation

Enforcement

Enforcing Authority: California Division of Occupational Safety and Health (Cal/OSHA)
Regulatory Mechanism: Workplace inspections, citations, civil penalties, and employer appeals
Penalties:
- Citations and civil penalties for non-compliance with WVPP requirements
- Potential criminal misdemeanor liability under existing workplace safety laws when a violation of the injury prevention program occurs
- Enterprise-wide citations when violations are found at multiple locations or result from a company-wide policy