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New California Mandated Workplace Injury Prevention Plan for Employers with Ten or More Employees
Beginning July 1, 2024, California Senate Bill (SB 553) amended Labor Code section 6401.7 to require employers to develop and implement an effective injury prevention program, which must include a mandatory, comprehensive workplace violence prevention plan conforming to the requirements set forth at Labor Code section 6401.9. The changes made by SB 553 apply to most California employers and employees, with very limited exceptions sometimes made for: facilities operated by the Department of Corrections and Rehabilitation, law enforcement agencies, teleworkers, places of employment where there are fewer than ten employees working at a place that is not accessible to the public, and hospitals and other healthcare facilities. Given that the list of excluded employers in California is relatively minimal, this generally means that any place of employment with ten or more employees must comply with SB 553. This is a significant change in the law that will impact many charities, including churches.
This new law also requires most California employers to implement complete workforce training in order to ensure compliance.
Main Requirements of SB 553
The law requires that California employers focus on three main requirements:
- Workplace Violence Prevention Plan
- Violent Incident Log
- Employee Training
Establish, Implement and Maintain a Workplace Violence Prevention Plan
California Employers are required to create and develop a tailored workplace violence prevention plan as a part of their current existing Injury and Illness Prevention Plans. The following information must be included in the workplace violence prevention plan:
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The identification of persons responsible for implementing the plan: The names, phone numbers, and full contact information of each responsible person should be clearly listed and up to date.
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Procedures for involving employees in development and implementation of the plan: The plan should be tailored to the individual needs of the specific workplace where it will be implemented. The persons responsible for the plan must have a clear process for involving their employees in the development and implementation of the plan.
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Clear reporting procedures: The plan must include clear reporting procedures for workplace violence incidents and anti-retaliation measures.
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Emergency response strategies: The plan must include strategies for responding to emergencies and managing incidents effectively.
The plan must be easily accessible to all employees, authorized representatives and regulatory bodies at all times.
Establish and Maintain a Violent Incident Log
California Employers are required to create and maintain a meticulous record of all workplace violence incidents. The violent incident log must be retained within the Employer’s records, and is essential for tracking trends, identifying areas in need of improvement, and ensuring compliance with the workplace violence prevention plan. Whenever an incident occurs, it must be properly documented within the Violent Incident Log and must include the following information: (1) Date, time, and location of the incident; (2) Detailed description of the incident; and (3) The type of violence that occurred.
Initial and Periodic Employee Training
Employee training is critical to the success of the violence prevention plan. Therefore, California Employers must initially provide training for when the plan is first established, and periodically provide training to their employees thereafter. To be in compliance with SB 553, the training must cover: (1) How to recognize and report incidents; (2) Strategies on ways to de-escalate a violent situation; and (3) Procedure to follow during an incident.
California Employers must ensure that training is updated whenever new hazards have been identified or when significant changes to the workplace violence prevention plan are made. Ongoing training will ensure that all employees are well-informed regarding their roles in maintaining a safe workplace.
No Exceptions for Entities Headquartered in Other States
SB 553 is specific to California and enforceable by CAL/OSHA. All places of employment that are located in California are subject to the requirements of SB 553, and there is no exemption for entities headquartered in other states. Most businesses in California are expected to comply with SB 553. See above for exceptions.
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