Deadline for New California Labor Law on Workplace Violence Prevention Program Approaching

Passed on May 31, 2023, S.B. 533 will require all California employers (with a few, limited
exceptions) to establish, implement, and maintain a compliant workplace violence prevention program
(WVPP). An addition to the existing law on injury prevention programs, employers have until July 1,
2024 to comply with the new law.

WVPPs

WVPPs must be in writing and include (at a minimum) the following components:

1. Identification of the person(s) responsible for implementing the WVPP;
2. Procedures to obtain the active involvement of employees in developing and implementing the
   plan;
3. Methods to coordinate implementation of the WVPP with other employers, if applicable;
4. Procedures for accepting and responding to reports of workplace violence and to prohibit
   retaliation against employees making such reports;
5. Procedures to ensure that employees comply with the WVPP;
6. Procedures for communicating with employees about workplace violence issues, including:
   (a) how an employee can report a violent incident, threat, or other workplace violence
   concern; and
   (b) how employee concerns will be investigated and how employees will be informed of the
   results of the investigation and any corrective action taken;
7. Procedures for responding to actual or potential workplace violence emergencies, including:
   (a) alerting employees to the presence, location, and nature of a workplace violence
   emergency;
   (b) evacuating or sheltering plans that are appropriate and feasible for the worksite; and
   (c) obtaining help from staff assigned to respond to workplace violence emergencies and
   law enforcement;
8. Procedures for post-incident response and investigation; and
9. Procedures for reviewing the effectiveness of the WVPP on an ongoing basis, as needed.

Incident Logs

Every workplace violence incident must be recorded in a violent incident log, with each entry
containing specific information including: (a) the date, location, and timing of the incident; (b) the type
of workplace violence that occurred; (c) a description of the incident; (d) a description of the
perpetrator; (e) the location where the incident occurred; (f) the type of incident; and (g) the
consequences of the incident, including actions taken to protect employees from any continuing threat.

Training

Employers must provide initial training to employees when the WVPP is first established and
annually thereafter. Training should cover the basics of the WVPP and where to obtain it, the
definitions and requirements of the applicable Labor Code sections, how to report workplace violence
incidents, workplace violence hazards specific to the employees’ job responsibilities, and the violent
incident log procedures. Annual training sessions should also provide employees with an interactive Q &
A session.

Recordkeeping

All records of workplace violence hazard identification, evaluation, and correction must be
created and maintained for at least five years. Employers are also required to maintain training records,
violent incident logs, and investigation records for up to five years. These records must be made
available to both Cal/OSHA officials and employees upon request.
Penalties

Penalties for non-compliance will be enforced through the existing Cal/OSHA framework.
“Serious” violations may subject an employer to a $25,000 penalty per violation.

Covered Employers

Certain categories of employers are exempt from this requirement, including health care
facilities, government correctional facilities, and law enforcement agencies. Notably, the law also does
not cover: (a) employees that telework “from a location of the employee’s choice” or (b) places of
employment with less than 10 employees that are not accessible to the public.

For more information on WVPP, please contact Benjamin Kussman, Esq. at ben@annagueymccann.com.