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  • California employers are facing a significant compliance challenge with the state’s recently enacted Senate Bill 553 (SB 553). Last year, California Governor Gavin Newsom signed SB 553 into law, which requires employers with at least 10 employees in California to develop and implement a Workplace Violence Prevention Plan (WVPP) by July 1, 2024.

    Employers will likely have to coordinate with multiple internal stakeholder groups, making it challenging to comply with the new law. California is the first state in the nation to pass such a sweeping WVPP law, setting the precedent that other states are expected to follow.

    Understanding The Mandate

    The law mandates that employers provide thorough training to all employees, covering a range of critical elements. The training must include instructing employees how to report concerns to their employer and to law enforcement. The training must also cover:

    • The statute’s definition of workplace violence.
    • The four types of workplace violence – criminal intent, customer/client, worker-on-worker, and personal relationship.
    • The employer’s plan.
    • The workplace violence hazards specific to the employees’ jobs.
    • How employees can protect themselves in the event of a workplace violence incident.
    • Employees may request to review or copy the employer’s records relating to the workplace violence prevention plan, including the violent incident log that the statue requires. The log must include a detailed description of each workplace violence incident and be maintained for five years.

    What This Means For Managers

    Managers will need guidance on the breadth of conduct covered by the law and the necessary reporting procedures. Managers must ensure that employees fully understand the meaning of workplace violence, including but not limited to the four workplace violence types:

    1. Criminal intent: This type of violence generally won’t have a legitimate relationship with the business or its employees.
    2. Customer/client: Involves a customer, client, patient, or visitor becoming violent towards an employee, often due to disputes over service, products, or perceived mistreatment.
    3. Worker-on-worker: Violence between coworkers, including bullying, frequently manifests as verbal and emotional abuse that is unfair, offensive, vindictive, and/or humiliating.
    4. Personal relationship: The perpetrator has a personal relationship with the employee outside of work, such as a domestic partner, and brings that violence into the workplace.

    Tracking Incidents

    Employers must also maintain detailed logs of all workplace violence incidents for at least five years, which employees can request to review. Employers should also consider whether workplace violence concerns can be incorporated into their existing reporting procedures for safety issues. Ensuring clear communication around this requirement will be key to encouraging reporting without deterring employees.

    Include Your Employees

    Employees should also have a role in the planning process because they are the ones who will bring the issues to HR. Every employee has a role in keeping the workplace safe and that should be the focus of the training.

    More Laws To Come

    Beyond the WVPP, California employers will need to prepare for other new employment laws taking effect in 2024, such as the increase in paid sick days and the new bereavement leave policy. Managers will likely require training on navigating these bills as well.

    Need Support Managing These Mandates?

    Navigating the complexities of workplace violence prevention and government mandates is a significant challenge for employers. GMS can provide expert guidance on ensuring compliance with these new laws and mandates. With GMS, you can remove the time spent worrying about missing legislative updates that may affect your business. Our team will help you create a combative strategy to ensure your operations continue running smoothly and safely. Contact GMS to learn more!

  • To protect workers and revolutionize workplace safety, California Governor Gavin Newsom recently signed Senate Bill 553, a groundbreaking law requiring employers to adopt comprehensive workplace violence prevention plans. These plans will help maintain records of threats or incidents of workplace violence and ensure that workers receive effective training to handle each situation. This marks a significant milestone in ensuring the safety of employees in a wide range of industries.

    A Broader Approach To Workplace Safety

    California’s new workplace violence prevention law, which extends its requirements to nearly all employers, represents a significant leap forward in ensuring the safety of employees. While specific industries such as health care have already established workplace violence prevention standards, this law broadens the scope, providing protections to workers in various sectors.

    Key Elements Of The Workplace Violence Prevention Plan

    One of the foundations of this new legislation is the requirement for employers to establish a written workplace violence prevention plan. This plan should encompass several elements, including:

    1. Designating a responsible person for implementing the program 
    2. Procedures for reporting and responding to workplace violence incidents
    3. Ensuring non-retaliation against employees who report such incidents
    4. Providing means for employees to report incidents or concerns without fear of reprisal
    5. Methods to alert employees about the presence, location, and nature of workplace violence emergencies
    6. Evacuation or sheltering plans appropriate to the work site 
    7. Processes for investigating employee concerns and informing employees of the investigation results
    8. Employee involvement in developing and implementing the violence prevention plan 
    9. Periodic reviews and revisions of the plan as needed

    The Power Of Training

    Another crucial aspect of the law is the requirement for employers to train workers on “red-flag behaviors” and strategies for de-escalating potentially volatile solutions. This training empowers employees to recognize warning signs and appropriately defuse conflicts before they escalate into violence.

    Keeping Detailed Records

    Beginning on July 1st, 2024, employers must log all reports of violence or threats and document their actions in response to these incidents. The log must not contain any personally identifiable information to safeguard employees’ privacy. These records must be maintained for at least five years and made available to the California Division of Occupational Safety and Health (Cal/OSHA) upon request. Employers can face fines if they do not keep the log properly.

    Trends And Prevention

    Maintaining these records is not just about compliance but also about improving long-term violence prevention efforts. By keeping track of incidents and responses, California employers will have an opportunity to identify trends within their organizations, allowing them to develop more effective violence prevention strategies.

    Protecting Employee Identities

    To encourage reporting without fear of retaliation, a provision in the law allows a supervisor or union representative to apply for a temporary restraining order on behalf of an employee without revealing the employee’s name in the report. This provision is set to take effect on January 1st, 2025, and aims to provide a more secure channel for reporting credible threats.

    Exemptions And High-Risk Industries

    The new law does not apply to employers already covered by California’s existing workplace violence prevention standard for the health care industry, telecommuting employees working from a location of their own choice, and worksites with fewer than 10 employees that are not accessible to the public. High-risk industries are more vulnerable to workplace violence and include the following:

    • Health care
    • Late-night convenience stores
    • Taxi services
    • Ride-hailing companies
    • Customer service offices

    Establishments serving alcohol, including restaurants, bars, and casinos, also face a higher risk, according to the U.S. Occupational Safety and Health Administration (OSHA).

    Workplace Violence Statistics

    Workplace violence is a pressing issue that this law seeks to address. In 2020, there were 392 workplace homicides and 37,060 nonfatal injuries in the workplace resulting from intentional harm by another person, as reported by the U.S. Bureau of Labor Statistics (BLS). These incidents occurred across various industries, making the need for comprehensive prevention measures evident.

    The Benefits Of A PEO

    The new California law on workplace violence prevention has opened a path to a safer and more secure future for employees. However, navigating this path successfully requires expertise and guidance, which is where professional employer organizations (PEOs) like GMS can shine. These seasoned professionals specialize in navigating the intricacies of labor regulations, offering tailored solutions to meet the demands of this legislation. As a business owner, when you partner with a PEO, you’re unlocking the full potential of your workforce, fostering a culture of safety and well-being. In this era of change and progress, the collaboration between California’s law and PEOs creates a simpler, safer, and stronger tomorrow for business owners. Contact us today to learn more.

  • Wekiva Springs Hospital, a prominent behavioral health and substance disorder facility in Florida, recently found itself under the spotlight due to alarming reports of workplace violence. The U.S. Occupational Safety and Health Administration (OSHA) shed light on a distressing investigation that revealed a staggering 182 alleged incidents of workplace violence in 2022 alone, with a striking 70% requiring the involvement of the police. These heart-wrenching incidents not only resulted in hospital workers enduring severe injuries, such as broken bones and concussions, but also showcased the urgent need for fortified measures to protect employees in the face of unpredictable dangers.

    As one incident unfolded, a patient repeatedly assaulted an employee, relentlessly smashing their head into an air conditioning unit. In response to these concerning findings, OSHA cited Wekiva Springs Hospital for a serious violation, accusing the facility of failing to provide a workplace free from safety hazards capable of causing physical harm or even death.

    The proposed fines of $15,625 sent a message that safeguarding employees from workplace violence is not a matter to be taken lightly, urging organizations to fortify their defenses and implement effective preventive measures.

    Wekiva Springs Center

    Wekiva Springs Center provides behavioral health and substance abuse treatment to adults and seniors in Jacksonville, Florida, and surrounding areas. Their continuum of care offers inpatient and outpatient programming to accommodate the severity of each patient’s condition. Every patient sees a primary therapist and attending physician regularly. Their approach to wellness is customized, holistic, and multidisciplinary.

    The Importance Of Workplace Violence Measures

    In today’s ever-evolving professional landscape, ensuring the safety and well-being of employees has become an utmost priority for organizations. Among the numerous concerns that demand attention, workplace violence is a critical issue that cannot be overlooked. There are approximately 396,00 assaults that occur in workplaces across the country every year.

    The significance of implementing robust workplace prevention measures cannot be overstated. Beyond preserving physical safety, these measures safeguard the essence of a thriving work environment – a place where individuals can excel, collaborate, and innovate without fear. By proactively addressing and mitigating potential risks, organizations protect themselves from harm and foster a culture of trust, productivity, and unity.

    A workplace that prioritizes violence prevention not only attracts and retains top talent but also creates a resilient foundation for long-term success. By recognizing the importance of these measures, you take the crucial step toward building a workplace where everyone can thrive, grow, and flourish.

    Workplace Violence Prevention + GMS = Thriving Work Environment 

    The challenges of running a successful business can often be overwhelming for small business owners. However, when it comes to preventing workplace violence, partnering with a professional employer organization (PEO) might be your best solution. At GMS, we bring our expertise and resources to the table, empowering business owners to take proactive measures that ensure the safety and security of their employees. We help you develop comprehensive policies and procedures tailored to your unique needs. From conducting risk assessments to implementing effective training programs, we equip owners with the tools to identify and address potential threats.

    By leveraging the strategic support of a PEO, small business owners can navigate the complex landscape of workplace violence prevention with confidence, creating an environment where employees can thrive and feel safe. With GMS by your side, you can prioritize the well-being of your workforce while focusing on what you do best – building a successful business. Contact our experts today to learn how you can get started.

  • California State Senator Dave Cortese introduced Senate Bill 553 on February 15th, 2023, which discusses workplace violence. Workplace violence prevention regulations are only applicable to the health care industry. However, preventing workplace violence in every industry is also necessary. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior at work. It can range from threats and verbal abuse to physical assaults and even homicide. It’s reported that 743 million, or 23% of employees worldwide, have experienced violence or harassment in their workplace.

    Understanding Senate Bill 553

    Senate Bill 553 would require California’s occupational safety and health regulator to broaden the scope of workplace violence prevention regulations and would cover most employers in California. If it passes, it will require the California Division of Occupational Safety and Health (Cal/OSHA) to adopt regulations requiring any employer not subject to the health care regulations to create a workplace violence prevention plan that’s part of the employer’s injury and illness prevention plan. Business owners would be required to do the following:

    • Violent incident log
    • Recordkeeping
    • Reporting of violent incidents to Cal/OSHA
    • A written violence prevention plan
    • Training

    GMS’ Safety Manager Nick Clark stated, “One of the most important aspects of maintaining a safe workplace is preventing workplace violence. There are several steps employers can take to prevent violent incidents in the workplace. First, creating a workplace prevention program that includes guidelines for reporting and addressing threatening or violent behavior is crucial. Furthermore, training employees to recognize warning signs of violence, de-escalation techniques, and how to respond to violent incidents can help prevent such incidents from occurring. Employers may also consider implementing security measures such as surveillance cameras, access control systems, and security personnel to prevent violence. Ultimately, taking proactive measures to prevent workplace violence can ensure employees’ safety and well-being and avoid legal issues.”

    Don’t Wait To Prevent Workplace Violence

    While there is no set time frame for when this bill would go into effect, it’s essential that you’re always trying to keep your employees safe and prevent workplace violence from occurring. Partnering with a professional employer organization (PEO) such as GMS can help employers by providing various services and resources to identify and manage potential threats. GMS’ HR experts work with you to create clear policies and procedures around prevention, including training, reporting, and response protocols. In addition, you gain access to our learning management system (LMS), where employees can be trained to identify potential warning signs of violence, report concerns, and respond to an active threat. Ultimately, we provide ongoing support to help you stay updated with the latest best practices and strategies for preventing workplace violence. Contact us today to prevent workplace violence from happening in your business.