California has enacted a new workplace violence prevention law, SB 553/California Labor Code
Section 6401.8, requiring nearly all employers to adopt an “effective” written workplace violence
prevention plan (“WVPP”) by July 1, 2024. The WVPP can be either a stand-alone document or part
of a general injury and illness prevention program.

The WVPP must be in writing and be easily accessible to employees, and it must comply with the
state's injury and illness prevention program. The WVPP must offer a reporting channel for incidents
and threats of violence and establish logs where threats and acts of violence are centrally tracked.
Employers are additionally required to train employees in workplace violence prevention once per
year. Training must include:

• The WVPP plan and how employees can obtain copies;
• The definitions and requirements of the law
• How to report workplace violence incidents or concerns without fear of reprisal;
• Workplace violence hazards specific to employees' jobs, the corrective measures the
  employer has implemented, how to seek assistance to prevent or respond to violence and
  strategies to avoid physical harm;
• The violent incident log and how to obtain copies of records; and
• An opportunity for interactive questions and answers with a person knowledgeable about
  the employer's plan.

Employer locations with no public access and with fewer than 10 employees at a time are exempted,
along with health care facilities, facilities operated by the California Department of Corrections and
Rehabilitation, certain law enforcement agencies, and teleworkers.
Employers will be required to maintain the following records for five years: (1) records of workplace
violence hazard identification, evaluation and correction; (2) workplace violence incident
investigations; and (3) violent incident logs.

All WVPP records required under the statute must be made available to the Division of Occupational
Safety and Health, or Cal/OSHA, upon request.

Employees and their representatives are entitled to records reflecting hazard identification,
evaluation and correction, as well as violent incident logs, within 15 days of request.

Cal/OSHA will enforce the new law through its standard inspection, citation and penalty framework.
Depending on the nature of an alleged violation, potential penalties may climb as high as $25,000,
for violations classified as serious, or $153,744 for violations classified as willful.

Next Steps

In light of the significant requirements under SB 553, employers should begin to take active steps to
ensure compliance in advance of July 1, 2024. Cal/OSHA has already issued citations to some
employers for workplace violence issues in 2023 based on an employer’s general duty to recognize
hazards. Given these enforcement initiatives and the upcoming effective date, employers should
start the process of implementing the required WVPP now.

Garcia & Gurney, A Law Corporation is your company’s general business and employment counsel, providing advice and assistance across the spectrum of business law matters. We serve clients throughout the San Francisco Bay, especially in Alameda and Contra Costa Counties. So contact us for help with your case.