SB 553 Fine Compliance for a Safer Workplace

California is at the forefront of workplace safety, pioneering legislation to combat issues like violence in a work environment. State Bill 553, passed on September 30, 2023, and going into effect on July 1, 2024, is a pivotal piece of this safety framework, prioritizing prevention for employers and employees throughout California. Setting a precedent for safety protocols nationwide, this legislation underscores the critical importance of compliance in protecting employees and employers from the repercussions of workplace violence.

Understanding SB 553

Workplace violence can have devastating consequences, not only for individual victims but also for entire organizations. It undermines the fundamental sense of security and trust that employees should feel in their professional environments. It erodes morale, diminishes productivity, and creates an atmosphere of fear and uncertainty — and states like California are making important legislation moves to prevent it.

SB 553 represents a concerted effort to create safer work environments through preventive measures. Primarily, the legislation mandates the development of a Workplace Violence Prevention Plan (WVPP) that is unique to each workplace, plus mandatory training on the plan for employees. SB 553 applies to nearly all companies in California, emphasizing the need for a customized approach to compliance tailored to the specific risks and challenges faced by each employer.

Navigating Compliance Requirements

The compliance mandates laid out by SB 553 reveal a comprehensive framework to mitigate the risk of workplace violence. This includes the development of a WVPP, meticulous training protocols, and stringent incident logging practices. The urgency of compliance is underscored by sobering statistics, such as the 57 workplace violence-related deaths recorded in California in 2021. Workplace violence prevention is imperative, and this legislation is setting out to regulate that compliance.

The vast majority of California employers must comply with SB 553’s legislative requirements. Exempt organizations include those with fewer than ten employees on-site at a time and not open to the public, as well as employers who must be in compliance their own rigorous standards, such as law enforcement agencies (defined in California Code of Regulations Section 11.1001), correction facilities (Section 8.3203), and healthcare facilities (Section 8.3342). Employees teleworking from a location of the employee’s choice, which is not under the control of the employer, are also exempt from SB 553, but if the company also employs individuals on-site, then those employees must be in compliance.

Non-compliance with SB 553 carries significant financial risks, with fines ranging from $18,000 to $25,000 per violation. For businesses, avoiding these fines is not merely a matter of monetary concern but also vital for maintaining a safe and secure work environment for employees.

SB 553 Fines

Understanding the Fine Structure

SB 553 establishes a structured fine mechanism designed to effectively deter non-compliance. Fines are not imposed arbitrarily but are rooted in clear criteria related to the severity and frequency of violations. The specified range of fines, from $18,000 to $25,000 per violation, reflects the seriousness with which the legislation addresses workplace safety.

Conditions Triggering Fines

Various scenarios can trigger fines under SB 553. Failure to conduct a risk assessment to identify potential sources of workplace violence or neglecting to report and log incidents are just a few examples. The severity of violations and the frequency of non-compliance can influence the amount of fines imposed, with repeated offenses attracting escalating penalties.

Calculating Fines

Several factors influence the exact amount of fines within the specified range, including the size of the business, the nature and severity of the compliance failure, previous safety records, and efforts made to rectify violations. Fines may accumulate over time for unresolved violations, underscoring the importance of prompt and thorough compliance efforts.

Cal/OHSA Standards

Although Cal/OSHA is empowered and directed to enforce SB 553 on July 1, 2024, they technically have yet to propose an official set of standards. Cal/OSHA must propose the standards for SB 553 by December 31, 2025, and they must be adopted by the standards board no later than December 31, 2026. The standards will include specific enforcement of the new portion of California’s Labor Code, as well as “any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.”

Charting a Path Forward

Compliance with SB 553 is not just a legal obligation but a crucial step toward creating safer workplaces. Employers must prioritize the development and implementation of comprehensive WVPPs alongside diligent training and incident reporting practices. For assistance in navigating these compliance requirements, solutions like EasyLlama’s workplace training offer effective resources to support businesses in meeting and maintaining SB 553 compliance. By embracing the measures detailed in our Workplace Violence Course For California Employers, organizations in this state can ensure the well-being and safety of their workforce while avoiding the financial and reputational consequences of non-compliance with this pioneering legislation.