A new law designed to curb workplace violence took effect in California this month requiring business owners to have a plan that addresses all manner of potential threats, including bullying and harassment.
Under SB553, authored by Sen. Dave Cortese (D-San Jose) and signed last September by Gov. Gavin Newsom, employers must create violence prevention plans that include requirements to maintain incident logs, provide specified trainings and conduct periodic reviews of the plan.
In addition, the law authorizes a union representative of an employee who has suffered unlawful violence to seek a temporary restraining order on behalf of the worker.
“This bill helps tackle the issue upfront by bringing attention to the potential harm of intense interactions, instigating gossip, or encouraging a toxic workplace,” said Carlos Barragan, owner of Vino Design Build, which specializes in building custom homes and commercial buildings in Napa County. “It forces employers to establish training in areas usually not taught in schools or at home.”
Assault is the fifth leading cause of workplace deaths, according to the National Safety Council. And in 2022 alone, workplace assaults resulted in over 50,000 injuries across the country.
Occurrences of workplace violence like the one on May 26, 2021, when a transit worker killed nine of his coworkers in a shooting in Santa Clara County, prompted the California legislature to address the issue. Santa Clara County is in bill author Cortese’s district.
The Workplace Violence Prevention law excludes employers with less than 10 employees on-site at the same time, as well as work-from-home employees and healthcare facilities.
Several local business owners said the law was overdue, given the alarming increase in workplace violence attacks.
“In light of so many recent violent incidents, it is always in the back of our minds,” said Gabriela Yzunza, human resources director for the Thomas Keller Restaurant Group. The group’s flagship restaurant, the French Laundry, with over 130 employees, took a proactive approach to be in compliance with the new law, which took effect July 1.
On busy days, up to 75 employees work at the Yountville restaurant simultaneously, according to Yzunza. Training for managers and staff on workplace violence protocols and accessing the prevention plan was completed in June, said Yzunza.
The Human Resources director noted that the Keller group also plans to create workplace violence prevention plans for its out-of-state restaurants in Las Vegas, Miami and New York, saying that while SB553 is a California law, the danger is not specific to the state.
As a business owner with more than 30 years of experience, Barragan said he believes SB 553 helps fill workplace training gaps that are not taught in a classroom or thoroughly on the job.
“The law aims to set a standard level of safety for all workplaces, although it might be tough for smaller businesses to manage the extra cost and effort needed to follow these rules,” he said.
Organizations like the Yountville Chamber of Commerce have stepped up to assist local businesses in meeting these new legal requirements. It has distributed Workplace Violence Prevention Plan templates to members, for example, providing a “how-to” resource to guide them through the process.
