COLUMN: WORKPLACE ISSUES
What Companies Need to Know About California’s Workplace Violence Prevention Law By KACEY R. RICCOMINI
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alifornia Governor Gavin Newsom signed Senate Bill 553 on September 30, 2023, following a spike in organized flash mob robberies that are often violent and target retail stores. Effective January 1, 2024, the law will require California employers to take certain steps to prevent workplace violence. Specifically, employers will be required to:
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Identify names, titles, and roles of persons responsible for implementing the workplace violence prevention plan.
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Enact a workplace violence prevention plan to protect employees from aggressive and violent behavior in the workplace.
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Implement timely procedures to correct workplace violence hazards.
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Establish procedures to refer employees to wellness centers or employee assistance programs, and to conduct post-incident debriefing immediately after the incident.
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Record information about every violent incident, the response
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to the incident, and any injuries in a violent incident log. The information in the log should be based on statements from employees and others who witnessed the incident, as well as investigative findings. Specifically, the log should include: a. The date, time and location of the incident; b. What type of violence was involved; c. A detailed description of the incident; d. Whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator; e. Details of the circumstances of the incident like whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location; f. Details regarding the location of the incident such as
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whether it occurred inside or outside of the workplace; g. Details identifying the type of incident such as whether it was a physical attack with or without a weapon, the weapon used, whether the incident involved biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting, whether the incident involved the threat of or actual sexual assault, including rape, attempted rape, physical displays, or any unwanted verbal or physical sexual contact, and whether the incident was an animal attack; h. What the response to the incident was, including involvement of security or law enforcement, and actions taken to ameliorate the threat. i. While the log must identify the name, job title, and date of the person completing the log, the log should not include personal identifying information that would allow identification of anyone involved in the incident, such as the person’s name, address, email, phone number, or social security number. BACK TO CONTENTS
