California has established the nation’s most comprehensive workplace violence prevention requirements through Senate Bill 553 (SB 553), which took effect on July 1, 2024. This groundbreaking legislation addresses a critical workplace safety issue, as workplace violence affects nearly 2 million American workers annually and resulted in 57 employee deaths in California alone in 2021. 

Legal Framework and Scope 

Legislative Background 

SB 553 was signed into law on September 30, 2023, and amended California Labor Code sections 6401.7 and 6401.9 to create the first general industry workplace violence prevention safety requirements in the United States. The law establishes enforceable requirements that apply to virtually all California employers, with limited exceptions. 

Covered Employers 

The law applies to all employers, employees, places of employment, and employer-provided housing in the state of California. This broad coverage includes: 

  • Private sector employers of all sizes 
  • Public sector organizations 
  • Multi-employer worksites 
  • Employers with multiple locations throughout California 

Exemptions 

Limited exemptions exist for specific situations: 

  • Healthcare facilities are already covered by existing Cal/OSHA workplace violence standards 
  • Remote employees working from locations of their choosing that are not under employer control 
  • Small private worksites with fewer than 10 employees working at any given time that are not accessible to the public (provided they comply with Injury and Illness Prevention Program requirements) 
  • Law enforcement agencies and facilities operated by the Department of Corrections and Rehabilitation 

 

Core Requirements 

  1. Workplace Violence Prevention Plan (WVPP)

Every covered employer must establish, implement, and maintain an effective written Workplace Violence Prevention Plan. The plan must be: 

  • Site-specific and tailored to the hazards and corrective measures for each work area and operation 
  • Continuously effective always and in all work areas 
  • Easily accessible to employees, authorized employee representatives, and Cal/OSHA representatives 
  • Integrated either as a standalone document or incorporated into existing Injury and Illness Prevention Programs 

 

Required Plan Elements 

The WVPP must include the following components: 

Required Plan Elements 

  1. Training Requirements

Employers must provide comprehensive training to all employees: 

Training Schedule 

  • Initial training when the plan is first established 
  • Annual training thereafter 
  • Additional training is provided when new hazards are identified, or plan changes are made 

Training Content 

Training must cover: 

  • Definitions and requirements of Labor Code section 6401.9 
  • How to obtain a copy of the written plan 
  • Employee participation in plan development and implementation 
  • Job-specific workplace violence hazards and preventive measures 
  • How to report workplace violence incidents without fear of retaliation 
  • Strategies to avoid physical harm 
  • Information about the violent incident log and how to obtain records 
  • Interactive question and answer sessions with knowledgeable personnel 

Training Requirements 

  • Materials must be appropriate to employees’ education level, literacy, and language 
  • Training must be conducted by someone knowledgeable about the employer’s specific plan 
  • Interactive components are mandatory 

 

  1. Violent Incident Log Requirements

Employers must maintain detailed logs of all workplace violence incidents, regardless of whether an injury occurred: 

Required Log Information 

  • Date, time, and location of incident 
  • Workplace violence type (1, 2, 3, or 4) 
  • Detailed description of the incident 
  • Classification of who committed the violence 
  • Circumstances at the time of the incident 
  • Where the incident occurred 
  • Specific incident characteristics (physical attacks, weapon involvement, threats, etc.) 
  • Consequences of the incident, including law enforcement involvement 
  • Actions taken to protect employees from continuing threats 
  • Name, job title, and date of log completion 

Log Management 

  • Confidentiality: Personal identifying information must be excluded 
  • Access: Available to employees and representatives upon request within 15 days 
  • Retention: Must be maintained for a minimum of five years 

 

Workplace Violence Types and Definitions 

  1. Definition of Workplace Violence

Labor Code section 6401.9 defines workplace violence as any act of violence or threat of violence that occurs in a place of employment. This includes: 

  • Threat or use of physical force resulting in or likely to result in injury, psychological trauma, or stress 
  • Incidents involving threats or the use of firearms or other dangerous weapons 
  • Use of common objects as weapons 
  • The four specific types of workplace violence are outlined below 

Note: Workplace violence does not include lawful acts of self-defense or defense of others. 

 

  1. The Four Types of Workplace Violence

Type 1 Violence: Criminal Intent 

Violence committed by persons with no legitimate business at the worksite, including violent acts by anyone entering the workplace with the intent to commit a crime. Here are some examples: 

  • Retail robberies 
  • Attacks on delivery, taxi, or ride-hailing drivers 
  • Threats against security guards 
  • Violence against employees handling money or valuable item

Type 2 Violence: Customer/Client Violence 

Violence directed at employees by customers, clients, patients, students, inmates, or visitors, examples: 

  • Violence in social welfare service locations 
  • Attacks on teaching and administrative staff 
  • Violence against customer service representatives 
  • Incidents involving service providers in community settings 

Type 3 Violence: Worker-on-Worker Violence 

Violence against employees by present or former employees, supervisors, or managers, the examples include: 

  • Revenge attacks by disgruntled employees 
  • Violence between coworkers 
  • Attacks on supervisors or managers 
  • Incidents involving former employees 

Type 4 Violence: Personal Relationship Violence 

Violence committed in the workplace by people who don’t work there but have personal relationships with employees. Here are some examples: 

  • Domestic violence incidents occurring at work 
  • Violence by family members or intimate partners 
  • Attacks by acquaintances with personal grievances 

 

Implementation and Compliance 

  1. Employee Involvement Requirements

The law mandates active employee participation in: 

  • Identifying, evaluating, and correcting workplace violence hazards 
  • Designing and implementing training programs 
  • Reporting and investigating workplace violence incidents 
  • Developing and implementing the overall plan 

 

  1. Multi-Employer Worksites

Employers at multi-employer worksites must: 

  • Coordinate implementation with other employers 
  • Ensure all employees receive the required training 
  • Share incident logs with the controlling employers 
  • Establish clear communication protocols 
  • Define responsibilities for each employer 

 

  1. Hazard Assessment and Control

Employers must conduct comprehensive hazard assessments considering: 

Risk Factors: 

  • Exchange of money with the public 
  • Working alone or in isolation 
  • Night and early morning work 
  • Understaffing conditions 
  • High-crime area locations 
  • Mobile workplace operations 
  • Contact with individuals with a history of violence 
  • Performing duties that may upset people (benefit denials, enforcement actions) 

 

Control Measures: 

  • Engineering controls (access controls, lighting, barriers) 
  • Work practice controls (staffing levels, procedures) 
  • Administrative controls (policies, training, reporting systems) 

 

Record Keeping and Documentation 

  1. Required Records and Retention Periods

Employers must maintain: 

  • Workplace violence hazard identification, evaluation, and correction records: 5 years 
  • Violent incident logs: 5 years 
  • Workplace violence incident investigation records: 5 years 
  • Training records: 1 year 
  • Cal/OSHA Form 300 (if applicable): 5 years 

  1. Access Rights

Records must be made available to: 

  • Employees and authorized representatives (within 15 days of the request) 
  • Cal/OSHA representatives, upon request 
  • No cost for examination and copying 

 

Enforcement and Penalties 

Cal/OSHA Enforcement Authority 

Cal/OSHA enforces workplace violence prevention requirements under its standard inspection, citation, and penalty framework. The agency can: 

  • Conduct workplace inspections 
  • Issue citations for violations 
  • Impose monetary penalties 
  • Require corrective actions 

Penalty Structure 

Non-compliance can result in significant penalties: 

  • Serious violations: Up to $25,000 per violation 
  • Willful violations: Up to $158,727 per violation 
  • Repeat violations: Enhanced penalties may apply 

Common Violation Scenarios 

Violations may occur due to: 

  • Failure to establish a written WVPP 
  • Inadequate employee training 
  • Failure to conduct required hazard assessments 
  • Improper incident logging or record keeping 
  • Lack of employee involvement in plan development 
  • Inadequate post-incident response 

 

Regulatory Development and Future Requirements 

Ongoing Regulatory Process 

Cal/OSHA is developing additional workplace violence prevention regulations:  

  • Regulatory proposal deadline: December 31, 2025 
  • Standards Board adoption deadline: December 31, 2026 
  • Current status: Draft regulations under review and public comment 

Proposed Regulatory Changes 

Recent draft regulations propose: 

  • Expanded definitions of engineering and work practice controls 
  • Enhanced communication requirements with employee representatives 
  • Additional record-keeping obligations 
  • Revised scope provisions 
  • Specific post-incident response requirements 

 

Best Practices for Compliance 

Plan Development 

Comprehensive Assessment: 

  • Conduct thorough workplace violence risk assessments 
  • Identify site-specific hazards and vulnerabilities 
  • Evaluate current security measures and controls 
  • Assess historical incident data 

Stakeholder Engagement: 

  • Involve employees and representatives in plan development 
  • Coordinate with other employers at shared worksites 
  • Consult with security professionals and law enforcement 
  • Engage legal counsel for compliance verification 

Training Implementation 

Program Design: 

  • Develop interactive training material 
  • Customize content to specific workplace hazards 
  • Ensure materials match employee education levels 
  • Include hands-on practice scenarios 

Delivery Methods: 

  • Conduct face-to-face training sessions 
  • Provide multilingual materials as needed 
  • Schedule regular refresher training 
  • Document all training activities 

Incident Management 

Response Protocols: 

  • Establish clear reporting procedures 
  • Implement immediate response measures 
  • Conduct thorough investigations 
  • Document all incidents comprehensively 

Follow-up Actions: 

  • Provide necessary medical care 
  • Implement corrective measures 
  • Review and update plans as needed 
  • Communicate with affected employees 

 

Resources and Support 

Cal/OSHA Resources 

Cal/OSHA provides various resources to assist employers: 

  • Model Workplace Violence Prevention Plan templates 
  • Fact sheets for employers and employees 
  • Frequently asked questions documents 
  • Consultation services (1-800-963-9424) 
  • Online guidance materials 

Professional Assistance 

Employers may benefit from: 

  • Legal counsel specializing in workplace safety 
  • Security consultants and professionals 
  • Training providers and safety experts 
  • Industry associations and peer networks 

 

Conclusion 

California’s workplace violence prevention requirements represent a comprehensive approach to protecting employees from violence-related risks. The law establishes clear obligations for employers to develop written plans, provide training, maintain incident logs, and continuously assess and address workplace violence hazards. 

Successful compliance requires proactive planning, employee engagement, thorough documentation, and ongoing commitment to workplace safety. As Cal/OSHA continues to develop additional regulations and enforcement guidance, employers must stay informed of evolving requirements and best practices. 

The investment in workplace violence prevention not only ensures legal compliance but also demonstrates a commitment to employee safety and well-being, potentially reducing liability risks and creating more productive, secure work environments for all employees.