The California Legislature Has Mandated Training on Preventing Workplace Violence for Places Where Ten or More Employees Work.  This Impacts many Churches and Charities.

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 develop an injury prevention program that MUST include:

1. Identification of the person or persons responsible for implementing the program.

2. The employer’s system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.

3. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.

4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.

5. The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.

6. The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

7. A workplace violence prevention plan conforming to the requirements of Section 6401.9.

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:

1. 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.

2. 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.

3. Methods for employer to coordinate the implementation of the plan with other employers, when applicable: The methods should ensure that all employees are properly trained and that workplace violence incidents are reported, investigated and recorded.

4. Procedures for the employer to accept and respond to workplace violence reports: Employers must also prohibit employee retaliation. The plan must include clear reporting procedures for workplace violence incidents and anti-retaliation measures.

5. Procedure to ensure that all employees comply regardless of status: All employees, regardless supervisory or nonsupervisory role, must comply with the prevention plan.

6. Procedures for effective communication in the workplace: Employers must provide and communicate proper procedures on: 1) how to make a report, without fear of reprisal, 2) how the reports will be investigated by the employer, 3) how employees will be informed of the findings and any actions taken by the employer.

7. Procedures to respond to actual or potential workplace violence emergencies: The plan must include strategies for responding to emergencies and managing incidents effectively. Employers must establish response measures including, alerting employees of emergencies, establishing evacuation or sheltering plans, and informing employee on obtaining help from trained responders, including law enforcement.

8. Procedures to develop and provide the training required for supervisor and nonsupervisory employees.

9. Procedures to identify and evaluate workplace violence hazards: Employers should schedule periodic inspections to identify unsafe conditions and practices and employee reports and concerns.

10. Procedures to correct workplace violence hazards: The employers should act in correcting any identified and evaluated hazards in the workplace, in a timely manner.

11. Procedures for post incident response and investigation.

12. Procedures to review the effectiveness of the plan and revise the plan. The plan review should ensure the active involvement of employees and authorized representatives and should be reviewed annually, as needed.

13. Procedures or other information required to protect the health and safety of all employees.

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.

Contact Us Today for Legal Assistance

The Church Law Center of California focuses its practice on legal matters that affect churches and other nonprofit organizations in California. This unique focus allows us to concentrate on keeping abreast of the ever-changing laws and policies as they develop over time. We are here to represent the interests of your nonprofit organization throughout every stage of your legal matter. Call us at (949) 892-1221, email us at info@churchlawcenter.com, or fill out our contact form online and schedule a consultation about your nonprofit organization today.