Effective July 1, 2024, Senate Bill 553 (signed by Governor Newsom on September 30, 2023 and codified at California Labor Code Section 6401.9), California employers (with very few exceptions) must (1) establish, implement, and maintain an effective written workplace violence prevention policy / plan that includes specified information, training, and recordkeeping requirements and (2) provide interactive training to their California employees when their workplace violence prevention plans are first established (i.e. by July 1, 2024) and annually thereafter.
- Limited Employer Exceptions: The statute does not apply to:
- Employers who are already covered by Cal/OSHA’s Violence Prevention In Health Care standard (i.e., health care facilities generally);
- Department of Corrections and Rehabilitation-operated facilities and law enforcement agencies;
- Employees who work remotely from a location of their choice; and
- Employers who have ten (10) or fewer employees working in a location that is not open to the public so long as each the employer separately complies with existing injury and illness prevention Cal/OSHA regulations.
Costs / Penalties for Non-Compliance: Non-compliance may lead to lawsuits filed by affected employees or regulatory actions filed government enforcement agencies each of which may expose employers to potential monetary damages, penalties and fines. Penalties and fines under Cal/OSHA regulations could be as much as $25,000 per violation depending on the severity and willfulness of the conduct.
Scherer Smith & Kenny LLP would welcome the opportunity to assist you in drafting a compliant workplace violence prevention plan policy and conducting the annual training required for your employees. For additional information, please contact Denis Kenny at denis@sfcounsel.com, Ryan Stahl at rws@sfcounsel.com, John Lough, Jr. at jbl@sfcounsel.com, or Jaclyn Tran at jaclyn@sfcounsel.com.
-Written by Denis Kenny