California’s SB 553: It’s Everybody’s Business

by Scott Carroll, EVP & Program Director, Take1 Insurance

On September 20, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 553 into law, designed to help protect workers from workplace violence. SB 553 requires employers in California to develop their own workplace violence prevention plans, as part of their Cal/OSHA Injury Illness Prevention Plan. All employees must be apprised of these plans and prepare accordingly. The requirements of SB 553 go into effect on July 1, 2024.

The law covers all California employers except healthcare facilities, service categories, and certain other operations including law enforcement, corrections and rehabilitation facilities, along with employers utilizing teleworkers or with less than 10 employees at a time in a location not accessible to the public. See the full bill.

 

How is “Workplace Violence” Defined?

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.*

 

What SB 553 Requires of Employers

Under SB 553, an employer’s workplace violence prevention plan:

  • Requires the employer to maintain a Violent Incident Log of all violent incidents against employees as well as post-incident investigations.

  • Requires staff to know how to obtain help from the law enforcement or staff assigned to respond to workplace violence emergencies.

  • Allows an employee representative to be a petitioner for a temporary workplace violence restraining order.

  • As part of maintaining the currently-required Injury Illness Prevention Plan, identifies those responsible for implementing the plan, including roles, trainings, and protocols for assessing and reacting to threats of workplace violence.

  • Must be annually reviewed by the employer.

  • Requires employers to explain to employees how to report violent incidents without fear of retaliation, and how their concerns will be addressed.

  • Lays out procedures for responding to violent emergencies, including alerts about emergencies, feasible evacuation or sheltering plans, and obtaining assistance from staff, security, or law enforcement.

 

 SB 553 and the Entertainment Industry

Since SB 553 requires virtually all for-profit employers in California to implement a workplace violence protection plan, there are special implications for the entertainment industry, in which employees often work outside a traditional office.

Take1 Insurance is uniquely positioned to help entertainment-industry employers understand how SB 553 will affect how they do business. Take1 offers a range of coverages including workplace violence coverage, addressing legal expenses from lawsuits that may result from a covered event. Business interruption expenses are also included for acts of workplace violence or stalking threats.

Need help navigating the complexities of entertainment-industry insurance and how coverage can be customized for your unique needs and situations — and how to integrate SB 553 into your coverage plans? Contact Take1’s Scott Carroll to get started.

 

Learn more about workplace violence, including risk factors, prevention programs, training, and more on the OSHA site.

* Occupational Safety and Health Administration, https://www.osha.gov/workplace-violence.

 

This material is provided for informational purposes only based on our understanding of applicable guidance in effect at the time of publication and should not be construed as being legal advice or as establishing a privileged attorney-client relationship. Customers and other interested parties must consult and rely solely upon their own independent professional advisors regarding their situation and the concepts presented here. Although care has been taken in preparing and presenting this material accurately, U.S Risk LLC disclaims any express or implied warranty as to the accuracy of any material contained herein and any liability with respect to it, and any responsibility to update this material for subsequent developments.

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