SB 553 Fallout: Are California Employers Facing Increased Lawsuits for Workplace Violence?

SB 553 Fallout: Are California Employers Facing Increased Lawsuits for Workplace Violence?

California employers are now under the microscope as SB 553, the state’s new workplace violence prevention law, has taken effect. But are these businesses now facing a surge in lawsuits related to workplace violence? The answer is complex, but here’s what employers need to know.

The Rise of Workplace Violence and California’s Response

Workplace violence is a growing concern across the nation. According to the Bureau of Labor Statistics, there were 849 workplace homicides in 2022, an 11% increase from the previous year. Nonfatal workplace violence victimizations averaged 1.3 million annually between 2015 and 2019. In California, 57 working people died from workplace violence in 2021. To combat this alarming trend, California introduced Senate Bill 553 (SB 553), which was signed into law on September 30, 2023, and went into effect on July 1, 2024.

SB 553 mandates that almost all California employers establish, implement, and maintain a comprehensive Workplace Violence Prevention Plan (WVPP). This plan must be in writing and accessible to employees at all times. It should be tailored to address the specific hazards and corrective measures for each work area and operation.

Key Requirements of SB 553

SB 553 outlines several key requirements for California employers:

  • Workplace Violence Prevention Plan (WVPP): Employers must create a detailed WVPP that includes risk assessment, employee training, incident reporting and investigation protocols, and strategies for reducing violence risk factors in the workplace.
  • Employee Training: Employers must provide effective training to employees on the WVPP, including how to report workplace violence incidents and concerns. This training must be conducted annually.
  • Incident Reporting and Logging: Employers are required to log all occurrences of workplace violence in a violent incident log, including the date, time, location, and a detailed description of the incident.
  • Recordkeeping: Employers must maintain comprehensive records of all workplace violence incidents, training sessions, and evaluations for a minimum of five years. These records must be made available to employees and Cal/OSHA upon request.
  • Temporary Restraining Orders (TROs): SB 553 enables California employers to obtain TROs against individuals who pose a credible threat of workplace violence.

Are Lawsuits on the Rise?

While it’s still early to definitively say whether SB 553 has led to an increase in workplace violence lawsuits, several factors suggest that employers could face increased legal scrutiny:

  • Increased Awareness: SB 553 has raised awareness of workplace violence and employers’ responsibilities to prevent it. This increased awareness may empower employees to take legal action if they experience or witness violence in the workplace.
  • Enforcement by Cal/OSHA: Cal/OSHA has the authority to enforce compliance with SB 553, including issuing citations and penalties for non-compliance. Failure to comply with SB 553 can result in penalties ranging from $18,000 to $25,000 per violation.
  • Potential for Negligence Claims: If an employer fails to implement a comprehensive WVPP or adequately train employees, they could be held liable for negligence if a workplace violence incident occurs.
  • Use in Litigation: Even if non-compliance with SB 553 does not directly result in civil lawsuits, lack of compliance with its policy and training requirements may be used in litigation to (1) establish liability under some other law and/or (2) increase recoverable damages.

Minimizing Legal Risk: What Employers Can Do

To minimize their risk of workplace violence lawsuits, California employers should take the following steps:

  1. Develop a Comprehensive WVPP: Create a detailed WVPP that addresses the specific hazards and risks in your workplace. Cal/OSHA has developed a model WVPP that can serve as a starting point.
  2. Provide Effective Training: Ensure that all employees receive thorough training on the WVPP, including how to identify, report, and respond to workplace violence incidents.
  3. Maintain Accurate Records: Keep detailed records of all workplace violence incidents, training sessions, and evaluations.
  4. Take Prompt Corrective Action: If a workplace violence incident occurs, take immediate steps to investigate the incident, address any safety concerns, and prevent future incidents.
  5. Encourage Employee Involvement: Involve employees in the development, implementation, and review of the WVPP.
  6. Seek Legal Guidance: Consult with an attorney to ensure that your WVPP complies with all applicable laws and regulations.

Exceptions to SB 553

While SB 553 applies to most California employers, there are some exceptions:

  • Healthcare facilities: Healthcare facilities that are already covered by California’s existing workplace violence prevention standard for the healthcare industry are exempt from SB 553.
  • Certain law enforcement agencies and correctional facilities: Specific law enforcement agencies and facilities operated by the Department of Corrections and Rehabilitation are exempt if they meet certain training and safety standards.
  • Teleworkers: Employees who telework from a location of their choice, which is not under the control of the employer, are exempt.
  • Small Workplaces: Workplaces with fewer than 10 employees working at a location that is not accessible to the public may be exempt if they comply with Section 3203 of Title 8 of the California Code of Regulations.

The Role of Insurance

SB 553 does not appear to have any impact on the type of insurance a company must purchase or what insurance coverage is available in the event of a workplace violence event. However, failure to comply with SB 553 should not result in litigation against a non-compliant company. However, SB 553 does allow the Division of Occupational Safety and Health within the Department of Industrial Relations to issue citations and notices of civil penalties to non-complaint companies. Generally, civil penalties are not covered by insurance.

The Bottom Line

SB 553 is a significant step towards preventing workplace violence in California. While it’s too early to tell if the law will lead to a surge in lawsuits, employers should take proactive steps to comply with SB 553 and minimize their legal risk. By developing a comprehensive WVPP, providing effective training, and taking prompt corrective action, employers can create a safer workplace for their employees and protect their businesses from potential liability.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have any questions about SB 553 or workplace violence prevention, please consult with an experienced employment law attorney.