Over the past few years, the rise of workplace violence has become a major concern for retailers and restaurant operators.
State and local governments share that concern. This summer, California Senate Bill 553 went into effect, mandating that virtually every employer in the state, including those in the retail and restaurant sectors, take definitive steps to prevent and respond to incidents of workplace violence.
As often happens with new legislation, other states (such as New York with S8358) are already following to enact workplace violence laws of their own.
For loss prevention professionals, managers, and operations specialists, understanding SB 553 is paramount. Workplace violence not only endangers the well-being of employees but can also result in significant financial and reputational damage to businesses. By complying with this new law, employers can enhance their safety protocols, create a more secure environment, and mitigate potential risks associated with workplace violence.
In this guide, we will break down the essential components of SB 553, outline the steps required for compliance, and provide practical advice on how to integrate these requirements into your existing safety programs. By doing so, you can ensure that your business is well-prepared to meet these new obligations and maintain a safe, productive workplace for all employees.
On September 29, 2023, Governor Gavin Newsom signed SB 553 into law. Effective July 1, 2024, this new law adds Section 6401.9 to the California Labor Code, which mandates that virtually every employer in the state, including those in the retail and restaurant sectors, take definitive steps to prevent and respond to incidents of workplace violence.
SB 553 was introduced in response to increasing incidents of workplace violence, particularly in high-contact industries like retail and food service, where employees frequently interact with the public. It was introduced to ensure that employees in these sectors are better protected from incidents of violence or aggression, which have been on the rise in recent years. The key objectives of the bill are to:
SB 553 mandates that employers take a number of steps, which we explore below, such as creating a Workplace Violence Prevention Plan (WVPP), as part of their California Occupational Health and Safety Administration (Cal/OSHA) Injury and Illness Prevention Plans (IIPP). For businesses already active in California, you will be able to build on your existing IIPP framework to become compliant with SB 553.
It’s important to keep in mind that SB 553 does not grant a grace period for compliance. Employers needed to have a WVPP in place as of July 1, 2024, or face serious legal and financial consequences. Fines start at $18,000 per violation and rise as high as $25,000, with enforcement carried out by Cal/OSHA. We’ll explore compliance more below.
SB 553 applies to a broad range of businesses across California, with a specific focus on retailers, restaurants, and other public-facing industries where the risk of workplace violence is higher. The bill defines an "employer" broadly to include any individual or entity that employs one or more persons in California. SB 553 applies to all employers within the state of California, regardless of industry, size, geographic location, or unionization status.
If your organization operates a retail store, supermarket, pharmacy or restaurant in California, you will need to comply with SB 553. The protections under SB 553 extend to all employees within these sectors, encompassing both full-time and part-time workers, as well as temporary and seasonal staff. This inclusion ensures comprehensive coverage and protection for every individual potentially exposed to workplace violence.
SB 553 outlines several key requirements that retailers, restaurants, and other businesses in California must follow to create a safer working environment for their employees. These requirements include developing a workplace violence prevention plan, providing employee training, and maintaining a workplace violence log.
Here’s a detailed look at fulfilling the key mandates under this new law.
One of the most critical aspects of SB 553 is the requirement to create and implement a workplace violence prevention plan (WVPP). This plan serves as the foundation for how your business will identify, prevent, and respond to incidents of violence or threats in the workplace.
Your WVPP should be specific to your particular workplace and integrated into your existing IIPP framework. The plan should also specify the names and/or job titles of the employees responsible for carrying out its different components.
What Should Be Included?
Your workplace violence prevention plan should be regularly reviewed and updated as needed, especially if there are changes in your business operations or the physical layout of your premises. We’ll go into more detail on creating a WVPP in an upcoming blog post.
Another key requirement of SB 553 is the need to provide employee training on workplace violence prevention. The goal of this training is to ensure that all employees understand the risks of workplace violence, know how to prevent it, and are prepared to respond appropriately if an incident occurs.
In order to ensure that employees are as best prepared as possible to handle situations involving workplace violence, the training program should include:
Planning and Needs Assessment
First, conduct a thorough assessment to determine the specific training needs of your workforce based on the nature of their duties and the risks they face. For restaurants and retailers, your training program should be tailored to address the unique risks and scenarios that your staff may face. The challenges faced by QSR or retail floor staff differ from those faced by a healthcare worker, so you want your training to be as specific as possible to the situations your team members might face. Customize training for different roles within the organization, recognizing that managers, front-line staff, and security personnel face different types of risks.
Frequency
Training should be conducted on a regular basis and should be refreshed whenever there are updates to the workplace violence prevention plan. Conduct initial training for all employees upon hire and provide periodic refresher courses (such as annually) to keep them informed about new threats and updated protocols. Ensure that training is accessible to all employees, including part-time, temporary, and seasonal staff, as well as those with varying levels of literacy and language proficiency.
Methods
The training should be delivered through as engaging a method as possible. Incorporate role-playing scenarios and hands-on exercises to allow employees to practice their responses to potential violent situations. Use videos, presentations, and written materials to reinforce key concepts and keep the training engaging. Engage qualified trainers with expertise in workplace violence prevention and adult learning principles to deliver the training effectively.
Compliance and Continuous Improvement
For compliance purposes, be sure to maintain detailed records of all training sessions, including dates, attendees, and the specific content covered. Regularly review training records to ensure compliance with SB 553 requirements and identify any areas needing improvement. Establish mechanisms for employees to provide feedback on the training program, allowing for ongoing refinement and enhancement.
In order to comply with SB 553, businesses are also required to maintain a workplace violence log. This log serves as an official record of any violent incidents that occur at your business, allowing you to track patterns and address areas of concern.
What Should Be Included in the Log?
Keeping an accurate and up-to-date log is not just a requirement for compliance but also a critical tool for identifying trends in workplace violence. This information can help you make informed decisions about improving safety in your business.
Agilence Case Management provides an effective solution for maintaining a compliant workplace violence log under CA SB 553, giving users a centralized platform where businesses can securely document and manage workplace incidents, including detailed records of violent incidents, responses, and follow-up actions. The platform enables seamless tracking, retrieval, and sharing of records, helping businesses meet the log requirements.
In addition to maintaining a log, SB 553 requires businesses to report certain incidents of workplace violence. Internal reporting can be made through a tool such as Agilence Case Management, with the incident details recorded on the ground by staff through the web portal, moved to appropriate internal users, and then exported to be shared with state authorities.
Who to Report to:
Non-compliance with SB 553 can be expensive for retailers and restaurants. Fines can range from $18,000 to $25,000 per violation. The exact amount depends on the nature of the violation, the size of the business, previous safety records, and efforts to correct the violation.
However, fines aren’t the only penalties. Noncompliance can also lead to Cal/OSHA revoking a business’s license and can even lead to a misdemeanor charge. It can also mean a weaker defense in any legal claims related to workplace violence.
It’s better to stay compliant. And as other states adopt similar laws, they’ll likely use similar requirements – so if your organization has locations in multiple states, starting now will give you a head start on future compliance too.
The first step is to conduct a workplace safety audit. Start by assessing potential risks specific to your business. Look for areas where employees might face increased risks, like cash handling points, stockrooms, or customer interaction areas. Agilence Store Audit enables you to easily create and execute audits.
Document your findings and use them as the basis for your workplace violence prevention plan. This risk assessment should be an ongoing process, as business operations and layouts change over time. Then, work on developing and implementing your workplace violence prevention plan and employee training sessions.
Agilence Case Management provides everything necessary for a workplace violence log. Case Management allows you to track any incident, including the date, time, and incident description, as well as any response actions taken, in a fully compliant way that can easily be tracked and shared with authorities.
Many businesses face challenges when implementing SB 553’s requirements. Below are some common issues and tips for overcoming them:
Who is exempt from SB 553?
The majority of California employers must comply with SB 553, with the exception of employers with fewer than ten employees who are not open to the public and employees who are teleworking from a location not under the employer's control.
What must be kept for 5 years under SB 553?
Workplace violence hazard identification, evaluation, and correction records; violent incident logs; and workplace records of incident investigations must be kept for at least 5 years. Employers must also keep training records for a minimum of one year.
What are the requirements for SB 553 training in California?
Employers must provide annual workplace violence prevention training to all employees covering topics like the company's Workplace Violence Prevention Plan (WVPP), how to report incidents without fear of retaliation, workplace violence hazards specific to their job, strategies to avoid physical harm, and how to access a copy of the plan.
Why was SB 553 created?
SB 553 was created in response to a general rise in workplace violence across the nation as well as a number of tragic workplace violence incidents, such as a 2021 incident at a Northern California railyard which resulted in nine deaths.
Is there a grace period for SB 553?
No, there is no grace period for SB 553. The law went into effect on July 1, 2024, and employers were required to have a workplace violence prevention plan (WVPP) in place by that date.
What must the SB 553 incident log include?
The workplace violence incident long must include:
What is the SB 553 restraining order?
SB 553 expands the ability of employers to seek temporary restraining orders (TROs) for employees facing credible workplace violence or threats.
What is section 6401.9 of the labor code?
California Labor Code section 6401.9, also known as Senate Bill 553 (SB 553), is a law that requires employers to prevent workplace violence.
What is workplace violence in general industries (non-healthcare settings)?
According to LC 6401.9(a)(6), workplace violence includes any act or threat of violence that happens at a place of employment. This can range from physical force that causes injury or psychological trauma to threats involving weapons, even if no injury occurs.
Are there specific requirements for how incidents should be reported?
Yes, SB 553 requires that employers establish a straightforward and confidential system for employees to report incidents of workplace violence. Employees should be informed about this system and assured that they can report without fear of retaliation.
What records must be kept to comply with SB 553?
Employers must maintain detailed records of: