Mass shootings are tragic, no matter where or when they occur. However, is it reasonable to require nearly all California employers to try to prevent violence from occurring in the workplace?
This is the question many employers across our Golden State have been grappling with as they do their best to comply with California’s new Senate Bill 553 safety mandate. SB 553 requires most employers, unless they are exempt, to put a Workplace Violence Prevention Plan (WVPP) in place and train their employees on their own custom plan not only this year, but at least once annually moving forward.
SB 553 exemptions include:
• Employers already covered by the Healthcare WVPP standard.
• Facilities operated by the California Department of Correction and Rehabilitation and law enforcement agencies.
• Employees teleworking from a location of their choice that is not under the control of the employer.
• Places of employment that are not accessible to the public and have less than 10 employees working at the site at any given time and have a compliant Injury Illness Prevention Program.
Law went into effect this summer
For context, Cal/OSHA had already begun working on a workplace violence general industry draft when a mass shooting occurred at a Santa Clara Valley Transportation Authority rail yard in San Jose in 2021. In the shooting, an employee killed nine fellow employees before taking his own life. This traumatic event prompted state Sen. Dave Cortese to accelerate the general industry requirements, with Senate Bill 553. Gov. Gavin Newsom signed SB 553 in September of 2023, and it went into effect on July 1.
Cal/OSHA released several resources to help employers, employees and agricultural operations comply with this new requirement on March 1. However, even with the advance notice and the resources, many businesses are still struggling to put their own WVPP in place and calling our office for guidance.
As a trade association, the California Employers Association (CEA) is in a great position to support employers. Our mission statement reads, “Providing Employers with Peace of Mind through exceptional HR solutions, trainings, and professional development services.”
As such, we needed to figure out whether this was a reasonable request for our business and our own employees before giving out any guidance to our members.
Creating a plan
In April, some of our team members began the process of sifting through the Cal/OSHA model template and creating our own WVPP for our Sacramento headquarters, where about half of our employees work a hybrid schedule, working in the office a few days each week. In the process of creating our own custom plan, we created toolkits, checklists and surveys to simplify the steps. We also reached out to our Safety Partners and Cal OSHA Consultation for additional support
Developing our WVPP did take time, roughly 15-20 hours, and several meetings, to implement. However, we found the process much easier and more useful than we had anticipated. Not only did we comply with the new standard in a timely manner, but more importantly, our entire team now knows that we’ve taken steps to help reduce an incident of violence in the workplace.
Had it not been for SB 553, it is highly unlikely that we would have surveyed our employees to find out if they had any safety concerns. Had it not been for SB 553, it’s also unlikely that we would have taken the time to train our employees on what to do when or if they encounter violence in the workplace
We have had productive discussions about how to handle people experiencing homelessness whom we may encounter inside or outside of our building and what to do if anyone ever feels threatened or unsafe. We took action by installing a doorbell and intercom outside of our front door and adding locks to our interior office doors. We talked with our landlord and requested more exit signs and fire extinguishers in the building. And finally, we hired the Safety Center to do an active shooter drill, which was not required as a part of SB 553, but was incredibly informative.
We do think it’s reasonable (and even insightful) for California employers to take some time to focus on preventing workplace violence incidents, and make the workplace feel safer for all. As an employers association, we also know that California businesses already have a lot on their plates. That is why CEA has made it easier on employers, by creating a number of resources, that don’t need to cost an arm and a leg. Have you done all you can to keep your employees safe?
Kim Gusman, president and chief executive of the California Employers Association, is an experienced HR Generalist and a speaker who has been leading CEA since 2002. She has a variety of HR experience in retail, insurance and manufacturing environments.
