Governor Newsom Signs New Workplace Violence Legislation
On September 30, 2023, Governor Gavin Newsom signed SB 553 (Cortese) into law, which requires an employer to establish, implement and maintain their own workplace violence prevention plans (WVPP) and update their Injury and Illness Prevention Plans (IIPP) accordingly.
Beginning July 1, 2024, employers must have an operational WVPP. The bill requires employers maintain training and incident records for up to five years, and requires these records to be made available to the division and employees and their representatives for examination and copying.
Beginning January 1, 2025, the bill authorizes a collective bargaining representative of an employee who has suffered unlawful violence from any individual, to seek a temporary restraining order (TRO).
SB 553 defines “workplace violence” as “any act of violence or threat of violence that occurs in a place of employment,” excluding “lawful acts of self-defense or defense of others.” This definition includes, but is not limited to:
- “The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.”
- “An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.”
- Four identified workplace violence types:
- Type 1 Violence – “Workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime.”
- Type 2 Violence – “Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.”
- Type 3 Violence – “Workplace violence against an employee by a present or former employee, supervisor, or manager.”
- Type 4 Violence – “Workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.”
Employers exempt from SB 553 include:
- “Health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations.”
- “Employers that comply with Section 3342 of Title 8 of the California Code of Regulations.”\
- “Facilities operated by the Department of Corrections and Rehabilitation, if the facilities are in compliance with Section 3203 of Title 8 of the California Code of Regulations.”
- “Employers that are law enforcement agencies that are a ‘department or participating department,’ as defined in Section 1001 of Title 11 of the California Code of Regulations and that have received confirmation of compliance with the Commission on Peace Officer Standards and Training (POST) Program from the POST Executive Director in accordance with Section 1010 of Title 11 of the California Code of Regulations. However, an employer shall be exempt pursuant to this subparagraph only if all facilities operated by the agency are in compliance with Section 3203 of Title 8 of the California Code of Regulations.”
- “Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.”
- “Places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.”