Workplace safety is a growing concern, and California has taken a significant step to protect workers from active violence. The state’s legislature has introduced a new law that could serve as a model for other states aiming to enhance worker protection. Learn more about California Bill 553 below.
California Bill 553: A New Era in Workplace Safety
California Bill 553, signed into law by Governor Gavin Newsom last fall, mandates that all employers with more than ten employees must implement comprehensive workplace violence prevention plans by July 1. This law comes in response to increasing incidents of workplace violence and aims to create safer work environments through detailed planning, training, and governance.
Key Components of the Prevention Plan
The new law outlines specific requirements that each employer’s prevention plan must include:
- Designated Personnel: Clearly identified individuals responsible for implementing the plan.
- Hazard-Specific Measures: Customized procedures for identifying and mitigating risks in various work areas.
- Risk Assessment and Corrective Actions: Methods to assess and address workplace violence hazards.
- Employee Training: A robust training program to educate employees on violence prevention.
- Employee Engagement: Mechanisms for active employee input and clear roles for reporting and investigating incidents.
- Reporting Procedures: Protocols for employees to report incidents or threats of violence.
- Emergency Response: Detailed response plans for workplace violence emergencies, including alert systems and evacuation procedures.
Additionally, employers are required to maintain a violent-incident log and keep records of hazard identifications and corrections for five years. Training records must be kept for at least one year and include comprehensive details about the training sessions and participants.
Consequences for Non-Compliance
Employers who fail to comply with these requirements may face significant fines for each violation, with the potential for multiple fines per incident depending on the nature of the violations.
The Catalyst: A Tragic Incident
The law was largely spurred by a tragic mass shooting in 2021 at a Santa Clara Valley Transportation Authority (VTA) rail yard in San Jose, where a disgruntled employee, Sam J. Cassidy, killed nine coworkers before taking his own life. Investigations revealed numerous warning signs about Cassidy’s violent tendencies, which had gone unaddressed.
Industry Response and Support
Companies specializing in workplace violence prevention are anticipating a surge in demand for their services. Experts like Matthew Doherty, a retired Secret Service Agent in Charge of the National Threat Assessment Center, have been pivotal in shaping violence prevention policies for employers. Doherty highlights the importance of having tailored plans that address the specific needs of different work environments.
A Broader Perspective on Workplace Violence
The law requires documentation of various types of workplace violence, including:
- Criminal intent by individuals with no relationship to the business
- Violence by customers, clients, visitors, vendors, patients, or students
- Worker-on-worker violence
- Violence by individuals with personal relationships to employees
Exemptions and Broader Implications
Certain small businesses and industries like healthcare and law enforcement, which have their own OSHA requirements, are exempt from this law. However, the legislation is expected to influence similar laws in other states and potentially at the federal level.
Moving Towards Non-Punitive Reporting
There is a growing trend away from zero-tolerance policies towards non-punitive reporting systems. This approach encourages employees to report potential incidents without fear of getting someone in trouble, fostering a safer and more proactive work environment.
The Importance of Early Intervention
Doherty emphasizes that workplace violence rarely occurs without warning. Early intervention based on behavioral escalation can prevent incidents from happening. Training and awareness programs are crucial for employees to recognize and report red-flag behaviors, ensuring timely and appropriate responses.
Implementing AVERT Training for Compliance
As part of complying with California Bill 553, employers should consider the importance of Active Violence Emergency Response Training (AVERT). AVERT training equips employees with the skills to respond effectively to workplace violence incidents, enhancing overall safety and preparedness.
Medserv Healthcare offers AVERT courses nationwide, providing comprehensive training that aligns with the new legal requirements. Employers can request a class anytime to ensure their teams are well-prepared to handle potential threats and maintain a safe work environment.
California Bill 553: Conclusion
California’s new workplace violence prevention law sets a precedent for other states to follow. By mandating comprehensive plans and emphasizing early intervention and employee engagement, the law aims to create safer workplaces and protect employees from potential violence. As other states consider similar legislation, the importance of proactive and tailored workplace safety measures cannot be overstated. Implementing AVERT training through providers like Medserv Healthcare can be a critical step in meeting these new standards and ensuring a safer workplace for everyone. Contact us now to request for a class!