New Workplace Violence training requirements will present challenges for California employers
California's Senate Bill 533, signed into law on September 30, 2023, by Governor Gavin Newsom, introduces comprehensive workplace violence prevention requirements for employers in the state. Here's a summary of the training requirements and other key aspects of the law:
Training Requirements
Employee Training: The law mandates specific training for employees, which must be interactive, allowing for questions and answers. This training should be tailored to the educational level, literacy, and language of the employees. All employees must receive this training no later than July 1, 2024, and then annually thereafter.
Training Content: The training should cover several aspects, including how to obtain a copy of the workplace violence prevention plan (WVPP), participation in its implementation and development, reporting workplace violence, and specific violence hazards in the workplace. It should also provide guidance on seeking assistance in responding to or avoiding workplace violence and avoiding physical harm.
Challenges for Employers
Developing training compliant with California's SB 553 presents several challenges for employers, primarily due to the comprehensive and specific nature of the law's requirements. Here are some of the key challenges:
Customization to Employee Needs: The law requires that the training be appropriate to the educational level, literacy, and language of the employees. This means employers must tailor their training programs to a diverse workforce, which can be logistically challenging and time-consuming.
Interactive Training Requirement: The training must be interactive, allowing for questions and answers. This implies a need for more engaging and possibly hands-on training sessions, which can be more complex to design and execute than standard lecture-based training.
Content Specificity: The training must cover specific aspects like how to report workplace violence, specific violence hazards in the workplace, and ways to avoid physical harm. Ensuring that all these topics are comprehensively covered, especially in workplaces with diverse risks, can be demanding.
Integration with Existing Policies: Employers must integrate the WVPP with their existing policies and procedures. For some organizations, this may require significant adjustments to their current health and safety protocols.
Record-Keeping and Documentation: Keeping detailed records of training sessions, including content summaries and attendee lists, adds an administrative burden. Employers must maintain these records for at least one year.
Ongoing Compliance: The requirement for annual training means that this is not a one-time effort. Employers must consistently update and deliver the training, which requires dedicated resources and continual effort.
Addressing Diverse Workplace Environments: Each workplace has unique characteristics and risks associated with it. Developing a training program that is both general enough to be applicable across different settings and specific enough to address particular risks can be challenging.
Keeping Up with Regulatory Changes: Employers must stay informed about any updates or changes in the law and adjust their training programs accordingly. The requirement for Cal/OSHA to propose further standards by 2025 and 2026 adds an element of future change that employers need to prepare for.
Resource Allocation: Small and medium-sized enterprises may find it particularly challenging to allocate the necessary resources—both in terms of time and money—for developing and maintaining compliant training programs.
While the intentions of SB 553 are to enhance workplace safety, the path to compliance is complex and requires a significant investment of resources. Employers will need to carefully plan and execute their training programs to meet the specific requirements of the law. Project Hummingbird’s workplace violence training was designed with specific requirements in mind. Rest assured that this one piece of your workplace violence plan can be easily implemented using your existing LMS.
