New steps employers must take to prevent violence

On July 1, new Labor Code section 6401.9 added by SB 553 will require most California employers to implement a written workplace violence prevention plan, either as a standalone plan or as part of the employer’s required injury and illness prevention program. Employers should start developing their plans early in the new year.

‘Workplace violence’ defined

The law covers “any act of violence or threat of violence that occurs in a place of employment.” A “threat of violence” means any verbal or written statement however transmitted — including through social media — that “conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm” for no legitimate purpose.

Workplace violence includes the threat or use of physical force against an employee that causes, or is highly likely to cause, injury or psychological trauma, regardless of whether the employee sustains an injury.

Elements of mandatory plan

The employer’s plan must address the specific hazards of each work area and operation. The plan must include 12 specific things, including:

• Names or job titles of those responsible for implementing the plan;

• The employer’s procedures for accepting and responding to reports of workplace violence and a statement prohibiting retaliation against an employee who makes a report;

• How an employee may report a workplace violence incident, threat or concern about violence to the employer or law enforcement and how employees will be informed of the results of investigations and corrective action taken;

• Effective procedures to respond to workplace violence emergencies, including effective means to alert employees of the presence, location and nature of such emergencies; and

• Procedures to review and revise the plan at least annually, but also when a deficiency in the plan is identified and after a workplace violence incident.