Payroll binders and a hard hat on a desk, SB 553 Workplace Violence Prevention Plan in California

SB 553 Workplace Violence Prevention Plan in California: Who Must Have One Since July 1, 2024

SB 553 Workplace Violence Prevention Plan in California: Who Must Have One Since July 1, 2024

Since July 1, 2024, California employers covered by Labor Code 6401.9 have been required to maintain a written workplace violence prevention plan. The rule came from SB 553, and Cal/OSHA enforces it. Many owners assume it only applies to hospitals or large companies. In practice it reaches far more businesses than that, and the small employer exemption is narrower than most people expect.

This guide covers who must comply, what the written program has to contain, the violent incident log, training, recordkeeping, and enforcement. It also explains where the state's permanent standard stands.

This is informational content, not legal or tax advice. Employment and workplace safety rules depend on your specific facts. Consult a qualified employment attorney or safety professional before you rely on any plan for your business.

Who Must Comply With SB 553

The prevention plan requirement applies to all employers, employees, places of employment, and employer-provided housing. If you have employees, you also need to register with the Employment Development Department and set up payroll tax accounts. Our employer registration guide walks through that process.

The statute does carve out several groups. The exemptions are:

  • Health care facilities and operations covered by Title 8 CCR 3342, and employers that comply with that section.
  • Certain Department of Corrections and Rehabilitation facilities and certain law enforcement agencies that meet the conditions set out in the statute.
  • Employees who telework from a location of their choice that the employer does not control.
  • Places of employment with fewer than 10 employees working there at any given time that are not accessible to the public, if the employer complies with Title 8 CCR 3203, the injury and illness prevention program (IIPP) rule.

The Small Employer Exemption Requires All Three Conditions

The small employer exemption is the one owners most often misread. It applies only when all three of the following are true at the same time:

  1. Fewer than 10 people work at the place at any given time.
  2. The place is not accessible to the public.
  3. The employer complies with Title 8 CCR 3203.

If any one of these fails, the exemption does not apply. A retail counter, a restaurant, or an office with a walk-in reception area is not exempt, even with five staff. The count is the number of people working at the site at one time, not your total headcount across all locations. An exempt employer is also not free from oversight. Cal/OSHA can order an exempt employer to comply with the full requirement.

What the Written Program Must Contain

The plan must be in writing, easy for employees to access at all times, and specific to the hazards of each work area and operation. A generic template with no site-specific content will not meet that standard. You can keep the plan as a standalone section of your IIPP or as a separate document. Because the program sits alongside your insurance and injury reporting duties, review our workers' compensation insurance guide as well.

At a minimum, the written program must do the following:

  • Name the people responsible for the program.
  • Set procedures to involve employees in developing and carrying it out.
  • Coordinate with other employers who share the workplace or work in it.
  • Accept and respond to employee reports of violence, and prohibit retaliation against anyone who reports.
  • Communicate the program to employees.
  • Cover emergency response, including alerts, evacuation or sheltering, and how employees get help.
  • Provide training, as described below.
  • Identify and evaluate workplace violence hazards by inspection when the program starts, after each incident, and when a new hazard appears.
  • Correct hazards in a timely way.
  • Include post-incident response and investigation procedures.
  • Review the program at least once a year, when a deficiency appears, and after an incident.

What Counts as Workplace Violence

The statute defines workplace violence as any act or threat of violence in a place of employment. It describes four types:

  • Violence by a person who has no legitimate business at the site.
  • Violence by customers, clients, patients, students, or visitors.
  • Violence by a present or former employee or manager.
  • Violence by a person who has a personal relationship with an employee.

Lawful self-defense is excluded from the definition. Your hazard evaluations, incident log, and training should address all four categories, because the log requires you to classify each incident by type.

The Violent Incident Log

Every workplace violence incident must be recorded in a violent incident log. Each entry needs to include:

  • The date, time, and location of the incident.
  • The type of workplace violence, using one of the four categories above.
  • A detailed description of what happened.
  • Who committed the violence.
  • The circumstances surrounding the incident.
  • Where it happened and the type of incident.
  • The consequences, including whether law enforcement was contacted.
  • The name, title, and date of the person completing the log.

Leave out personal identifying information about anyone involved. The log should record what happened and what followed without exposing individuals' personal details. Build the log form before you need it. Filling in a blank template after an incident is harder to do well and easier to do wrong.

Training Requirements

Employees must be trained when the program starts and then every year. The training must cover:

  • The program itself and the statute's definitions.
  • How to report a workplace violence incident or threat.
  • Job-specific hazards and how employees can avoid harm.
  • The violent incident log and how employees can access records.
  • A live opportunity to ask questions of a knowledgeable person.

You must provide additional training when you identify a new hazard or change the program. Use materials suited to the literacy level and languages of your employees. A video that half your crew cannot follow does not satisfy the requirement, and a sign-in sheet alone does not prove the training happened in a usable form. Keep records of who was trained, when, and on what content.

Recordkeeping and Employee Access

The statute sets minimum retention periods for these records:

RecordMinimum retention
Hazard identification, evaluation, and correction recordsAt least five years
Violent incident logsAt least five years
Investigation recordsAt least five years
Training recordsAt least one year

When employees or their representatives request copies of hazard records, training records, or violent incident logs, you must provide them within 15 calendar days, free of charge. Plan your filing system so you can meet that deadline without scrambling.

Enforcement and the Coming State Standard

Cal/OSHA enforces the rule through citations and civil penalties under Labor Code 6317. An employer may appeal a citation under Labor Code 6319. This guide does not state penalty amounts. Confirm current figures with Cal/OSHA before you assess your exposure.

The statute also required Cal/OSHA to propose a workplace violence standard by December 31, 2025, and the Occupational Safety and Health Standards Board to adopt it by December 31, 2026. With that adoption deadline about two months away as of this writing, check Cal/OSHA and the Standards Board for whether the final text has been adopted, what it requires, and when it takes effect. Until you have read the adopted text, treat the statute and your current program as your baseline.

Practical Next Steps

  1. Check whether your site meets all three conditions for the small employer exemption. If it does not, or you are unsure, assume you need a full program.
  2. Write or update a program that is specific to each work area and operation, and keep it where employees can read it.
  3. Set up the violent incident log and begin recording incidents immediately.
  4. Schedule initial and annual training, and document each session.
  5. Set retention periods for each record type and confirm you can produce copies within 15 calendar days.
  6. Consult an employment attorney or qualified safety professional, especially if you operate multiple sites, have employer-provided housing, or fall under one of the specialized exemptions.

SB 553 is one of the more detailed workplace safety rules in California, and the documentation burden is real. Starting with an accurate exemption analysis and a site-specific written program will prevent most of the problems inspectors look for.

Keep exploring: related California guides