Oh, you want MORE on the New Workplace Violence Prevention Law 2024 California Senate Bill No. 553? Keep on readin' here then.

SB 553 expands existing laws regarding workplace safety and violence prevention in California. The New Workplace Violence Prevention Law 2024 California SB 553 will become effective January 1, 2025, it allows collective bargaining representatives to seek restraining orders on behalf of employees who have experienced violence or threats at work. Before filing such a petition, the employer or representative must offer the affected employee the choice to opt out of being named in the order. 

The bill also mandates that employers establish, implement, and maintain a workplace violence prevention plan with specific requirements. This includes recording all violent incidents, providing training to employees, updating the plan when new hazards are identified, and maintaining various records related to hazard identification, training, and incident investigations. These requirements will be effective starting July 1, 2024.

The bill expands existing law related to workplace safety enforcement by requiring the Division of Occupational Safety and Health to enforce workplace violence prevention plans and related requirements through the issuance of citations and civil penalties. Employers can appeal these citations and penalties. Additionally, the bill mandates the proposal and adoption of standards regarding the workplace violence prevention plan by specified deadlines. Furthermore, it requires every employer to incorporate the workplace violence prevention plan into their injury prevention program, with violations constituting a misdemeanor in certain cases, thereby imposing a state-mandated local program.

Section One | 527.8 of the New Workplace Violence Prevention Law 2024 California SB 553 Code of Civil Procedure. It outlines provisions related to seeking temporary restraining orders and orders after hearing for employees who have experienced unlawful violence or credible threats of violence in the workplace. Key points include:

• Employers can seek temporary restraining orders and orders after hearing on behalf of affected employees.
• Definitions are provided for terms like "course of conduct," "credible threat of violence," "employer," and "employee."
• The court may issue orders prohibiting various behaviors, including harassment, stalking, and threats of violence.
• Procedures for filing a petition, obtaining temporary restraining orders, and conducting hearings are specified.
• Orders issued under this section may have a duration of up to three years and can be renewed.
• The bill mandates the transmission of information on workplace violence-related orders to law enforcement agencies.
• Restrictions on firearm ownership and possession for individuals subject to protective orders are outlined.
• Penalties for disobeying orders are stated.
• The Judicial Council is tasked with developing forms, instructions, and rules related to matters covered by this section.
• Filing fees are waived for petitions related to workplace violence.
• No fee is required for the service of process for certain types of protective orders.
• This section is effective until January 1, 2025, after which it is repealed.

Section Two | 527.8 of the New Workplace Violence Prevention Law 2024 California SB 553 Code of Civil Procedure — outlines provisions for protecting employees who have suffered unlawful violence or credible threats of violence at their workplace. Here's a summary of the key points:

Scope: Any employer or collective bargaining representative of an employee who has experienced unlawful violence or credible threats of violence at the workplace can seek a temporary restraining order (TRO) and a subsequent order after a hearing on behalf of the affected employee(s).

Definition of Terms:

• "Course of conduct" includes various behaviors such as stalking, entering the workplace, making phone calls, or sending correspondence.
• "Credible threat of violence" refers to a statement or conduct that would make a reasonable person fear for their safety.
• "Unlawful violence" includes assault, battery, or stalking.
• Protection Orders: The court can issue restraining orders prohibiting harassment, intimidation, stalking, and other specified behaviors.
• Employee Definition: It includes volunteers, independent contractors, and members of boards of directors.

Process:

• Before filing a petition, the employer or representative must provide the affected employee with an opportunity to decline being named in the TRO.
• A TRO may be granted ex parte if the petitioner shows reasonable proof of unlawful violence or credible threats.
• The respondent can file a response explaining or denying the alleged violence or threats.
• The court will hold a hearing where both parties can present evidence.
• Duration of Orders: Orders issued after a hearing can last up to three years and can be renewed.

Enforcement:

• Law enforcement agencies must be notified of protective orders.
• Any person subject to a protective order cannot own or possess firearms.
• Violation of orders is punishable by law.
• Court Procedures:
• Forms and instructions for petitions and responses will be provided by the Judicial Council.
• No filing fees are required for petitions related to workplace violence.
• No fees are charged for serving temporary restraining orders related to stalking or violence.

Effective Date: The section becomes operative on January 1, 2025.

Section 2.5 | 527.8 of the New Workplace Violence Prevention Law 2024 California SB Code of Civil Procedure, provides measures for employers or collective bargaining representatives to seek restraining orders on behalf of employees who have experienced harassment, unlawful violence, or credible threats of violence in the workplace. Here's a breakdown of the key points:

Eligibility: Employers or collective bargaining representatives can seek temporary restraining orders and orders after hearing for employees who have experienced harassment, unlawful violence, or credible threats of violence at the workplace. This can extend to other employees at the same or different workplaces of the employer if deemed appropriate by the court.

Definitions:

• Course of conduct: Defined as a pattern of conduct showing a continuity of purpose, including stalking, entering the workplace, making phone calls, or sending correspondence.
• Credible threat of violence: Defined as a knowing and willful statement or conduct that would cause a reasonable person to fear for their safety.
• Harassment: Defined as knowing and willful conduct directed at a specific person that alarms or annoys, causing substantial emotional distress.

Scope: The section applies to employers, employees (including volunteers and independent contractors at the worksite), collective bargaining representatives, federal agencies, state agencies, and public or private corporations.

Protective Orders: The court may issue restraining orders prohibiting various behaviors, including harassment, stalking, or contacting the employee.

Duration: Temporary restraining orders may last up to 21 days, extendable to 25 days upon court discretion. Orders issued after a hearing may have a duration of up to three years, renewable upon request.

Process: The petitioner must file a petition supported by evidence, and a hearing must be held within 21 days, or 25 days if good cause is shown. The respondent has the right to respond and request a continuance.

Service and Notice: The respondent must be personally served with the petition and temporary restraining order at least five days before the hearing. The notice informs the respondent of potential orders lasting up to three years if they fail to attend the hearing.

Firearm Restrictions: Persons subject to protective orders are prohibited from owning, possessing, or attempting to acquire firearms or ammunition.

Enforcement: Law enforcement agencies must be notified of issued orders, and officers are authorized to enforce them, even without the respondent being taken into custody.

Fees: No filing fees are required for petitions seeking protective or restraining orders related to workplace violence.

Section Three | 6401.7 of the Labor Code has been amended to strengthen requirements for employers to establish and maintain effective injury prevention programs. Here's a summary of the key provisions:

Requirement for an Injury Prevention Program: Every employer must establish, implement, and maintain an effective injury prevention program. The program must be in writing and include specific elements outlined in the section.

Elements of the Program:

• Identification of personnel responsible for implementing the program.
• Identification and evaluation of workplace hazards through periodic inspections.
• Procedures for correcting unsafe conditions and work practices promptly.
• Occupational health and safety training program for employees, tailored to their job assignments.
• System for communicating with employees about health and safety matters, encouraging them to report hazards without fear of retaliation.
• Mechanisms to ensure employee compliance with safe work practices, including disciplinary measures if necessary.
• Workplace violence prevention plan in accordance with Section 6401.9.

Timely Correction of Hazards: Employers must correct unsafe conditions and work practices promptly, considering the severity of the hazard.

Training Requirements: Employers must provide training to all employees, including new hires and those with new job assignments, as well as when new hazards are introduced or recognized. Construction industry employers may use approved industry-specific training programs to fulfill training requirements.

Recordkeeping: Employers must keep appropriate records of steps taken to implement and maintain the injury prevention program.

Standards and Compliance Criteria:

• The Standards Board must adopt standards for employers' duties under this section, including substantial compliance criteria.
• Less stringent criteria may apply to employers with fewer than 20 employees in low-hazard industries.
• The Division of Occupational Safety and Health shall establish lists of high and low hazard industries.

Occupational Safety and Health Committees: Employer-employee occupational safety and health committees may be included in the injury prevention program. The Division will establish criteria for evaluating these committees. 

Employee Representation: Regulations will specify procedures for selecting employee representatives for these committees if not specified in collective bargaining agreements.

Coverage: The injury prevention program must cover all employees and other workers controlled or directed by the employer, including subcontracted workers.

Model Program:

• The Division will prepare model injury and illness prevention programs for non-high-hazard employment and for industries with intermittent employment.
• Employers adopting and implementing the model program in good faith may avoid civil penalties for violations upon citation.

Review by Workers' Compensation Insurers: Insurers must conduct reviews of insureds' injury prevention programs with experience modifications of 2.0 or greater, evaluating their effectiveness and providing recommendations for improvements.

This amendment aims to enhance workplace safety by ensuring that employers establish comprehensive injury prevention programs tailored to their specific work environments and hazards.

Section Four | 6401.9 has been added to the Labor Code, introducing provisions for workplace violence prevention plans. Here's a summary of the key points:

Definitions: The section provides definitions for terms such as "emergency," "engineering controls," "log," "plan," "threat of violence," and various types of workplace violence.

Applicability:

• The section generally applies to all employers, employees, places of employment, and employer-provided housing.
• Certain exemptions are provided for specific categories of employers, employees, and places of employment, including health care facilities, certain law enforcement agencies, teleworking employees, and small workplaces that are not accessible to the public.

Workplace Violence Prevention Plan:

• Employers must establish, implement, and maintain a written workplace violence prevention plan.
• The plan should involve active employee participation in identifying, evaluating, and correcting workplace violence hazards, as well as in training, reporting, and investigating workplace violence incidents.
• Procedures for coordination with other employers, if applicable, and for accepting and responding to reports of workplace violence must be included.
• The plan must address post-incident response and investigation, training, hazard identification and evaluation, correction of hazards, and plan effectiveness review.

Violent Incident Log:

• Employers must maintain a violent incident log for recording workplace violence incidents.
• Information recorded in the log includes details about the incident, such as date, time, location, type of violence, circumstances, and consequences.
• Personal identifying information must be omitted from the log to protect individuals' privacy.

Training:

• Employers must provide initial and annual training to employees on the workplace violence prevention plan, definitions and requirements of the section, reporting procedures, workplace violence hazards, and incident logs.
• Additional training is required when new hazards are identified or changes are made to the plan.

Recordkeeping:

• Records of workplace violence hazard identification, evaluation, correction, training, and incident logs must be maintained for specified periods.
• Records must be made available to the Division of Occupational Safety and Health upon request, and to employees and their representatives upon request and without cost.

Enforcement:

• The Division may enforce the section through citations and civil penalties, with provisions for appeal.
• Standards regarding the workplace violence prevention plan must be proposed by the Division by December 31, 2025, and adopted by the Standards Board by December 31, 2026.

Effective Date:

The provisions of subdivisions (b) to (g) are operative from July 1, 2024, onward.

This section aims to enhance workplace safety by requiring employers to develop comprehensive workplace violence prevention plans, train employees, maintain incident logs, and ensure compliance with the established standards.

Sections 5 & 6 | 527.8 of the Code of Civil Procedure proposed to be added by both this bill and Senate Bill 428. It specifies conditions under which Section 2.5 of this bill will become operative:

• Both bills, the current bill, and Senate Bill 428 must be enacted and become effective on or before January 1, 2024.
• Each bill must add Section 527.8 to the Code of Civil Procedure.
• This bill must be enacted after Senate Bill 428. In such a case, Section 2 of this bill shall not become operative.

Section 6 of the bill clarifies that no reimbursement is required by the act pursuant to Section 6 of Article XIII B of the California Constitution. This is because any costs incurred by a local agency or school district would be due to the act either creating a new crime or infraction, eliminating a crime or infraction, changing the penalty for a crime or infraction, or changing the definition of a crime. These actions fall within the meaning of Section 17556 of the Government Code or Section 6 of Article XIII B of the California Constitution. Therefore, no reimbursement is necessary.