Introduction
Under current law, an employer may, on behalf of the worker and other staff at the workplace, request a temporary order of protection and an order following a hearing if the employee has been the victim of violent conduct or a real threat of physical assault from someone who could be interpreted as being committed at work.
Beginning on 1st January 2025, this law (SB 553 CA) would also permit an employee’s collective bargaining agent to request a temporary order of protection and an order following a hearing on behalf of the worker and other workers at the company. According to the bill, before submitting such a petition, a company or a worker’s collective bargaining representative would have to give the worker who has been the victim of unlawful violence or a real risk of violence from anyone the chance to opt out of being listed in the temporary restraining order.
According to SB 553 CA, a company or collective bargaining official may still request a temporary protective order on behalf of other staff members at the workplace and, if applicable, other workers at the employer’s other workplaces, even if an employee requests not to be included in the order. The law would adjust a number of things to conform.
Both companies and their staff are subject to safety obligations under the California Occupational Safety & Health Act (1973), which includes the need for employers to create, implement, and uphold an efficient injury prevention strategy. Certain infractions of this law are punishable by law. Under the Department of Industrial Relations, the Division of Occupational Safety and Health is responsible for enforcing the act, which includes enforcing the standards set by the Occupational Safety & Health Standards board.
Key Requirements Under SB 553 CA
SB 553 CA would mandate that an employer create, execute, and maintain a successful workplace violence mitigation plan with specific information at all times across all work areas. According to the measure, the employer would have to document each instance of workplace violence in a violent event log. The measure would, among several other provisions, mandate that the employer give workers effective training on its job violence prevention strategy and that they receive additional training whenever a new or previously unknown workplace violence danger is discovered or when the plan is modified.
Implementation Timeline and Enforcement
SB 553 CA would mandate the creation and maintenance of training records, records of violent incidents, and recordings of workplace incident investigations, as well as files of workplace violence risk identification, assessment, and remediation. According to the measure, the division, staff, and representatives of the staff would need to have access to specific records. These regulations would go into effect on 1st July 2024, and beyond, according to the measure.
According to existing legislation, if the division inspects or investigates an employer and determines that the employer has broken any standard, directive, order, or regulation created in accordance with specific legal provisions, the division must issue a warning to the employer as soon as reasonably possible.
According to the law as it stands, there is a strong presumption that the infraction is enterprise-wide if the company has multiple locations and the division has proof of a series of instances of the same breach or violations performed by the company involving multiple locations, or if the company has a formal policy or process that violates specific legal provisions, unless otherwise specified. Depending on how serious the infraction is, the division may also be able to enforce specific civil penalties under existing legislation, such as when an employer violates a workplace health or safety standard, regulation, or special order.
This measure would mandate that the division issue citations and notices of civil penalties in accordance with the workplace prevention of violence plan and associated regulations. According to the measure, a citation & penalty could be appealed. According to the measure, the division would have to suggest standards for the plan by 1st December 2025, & the standards board would have to adopt them by 31st December 2026.
Additionally, SB 553 CA would mandate that all employers incorporate the workplace violence prevention program into their successful injury prevention plan; failure to do so would be punishable by a misdemeanor under certain conditions. The law would impose a local initiative that is imposed by the state by broadening the definition of a crime.
Additional amendments to Section 527.8 (Code of Civil Procedure), which SB 428 adds, would be included in this bill and only come into effect if both bills are passed and this bill is passed last.
According to the California Constitution, local governments and school districts must get reimbursement from the state for specific expenses. Procedures for granting that reimbursement are established by statutory laws.
SB 553 CA would stipulate that, for a given cause, no payment is necessary under this legislation.