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Joseph Weedman, FCP, SRMP-C

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California Senate Bill 553 - Workplace Violence Prevention

Find out more

California Senate Bill 553

 

Workplace Violence Prevention Plan

  • This bill would require an employer, as specified, to also establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information after July 1, 2024!

GET YOUR ASSESSMENT NOW! Sign Up HERE for FREE QUOTE!

What is California Senate Bill 553?

 

On September 30, 2023, California Senate Bill 553 was signed into law and California Labor Code section 6401.9 will be in effect and enforceable on July 1, 2024. Employers that fall within the scope of this law must establish, implement, and maintain an effective written Workplace Violence Prevention Plan that includes but is not limited to the following:


  • Identifying who is responsible for implementing the plan.
  • Involving employees and their representatives
  • Accepting and responding to reports of workplace violence and prohibit employee retaliation.
  • Communicating with employees regarding workplace violence matters
  • Responding to actual and potential emergencies
  • Developing and providing effective training
  • Identifying, evaluating, and correcting workplace violence hazards
  • Performing post incident response and investigations

Learn More

California Labor Code section 6401.9

 

Per Labor Code section 6401.9, "workplace violence" is defined as any act of violence or threat of violence that occurs in a place of employment. This includes, but is not limited to, the following:


  • The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.


  • An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.


  • The four types of workplace violence defined in Labor Code section 6401.9.

Heres how Joseph Weedman FCP, can play a significant role!

Identifying Responsible Parties:

 Mr. Weedman can assist in clearly defining roles and responsibilities within the organization for implementing the WVPP. This involves designating individuals or teams responsible for various tasks such as policy enforcement, incident response, and training coordination. 

Involving Employees and Representatives:

Mr. Weedman can facilitate the involvement of employees and their representatives in the development and implementation of the WVPP. This could include conducting surveys, focus groups, or workshops to gather input and ensure buy-in from all stakeholders. 

Accepting and Responding to Reports of Violence:

Mr. Weedman can help establish procedures for reporting incidents of workplace violence, ensuring confidentiality and protection against retaliation for employees who come forward. He can also assist in developing protocols for promptly responding to and investigating such reports. 

Communication Strategies:

Mr. Weedman can help devise effective communication strategies to keep employees informed about workplace violence policies, procedures, and resources available to them. This may involve creating awareness campaigns, distributing educational materials, and conducting regular training sessions. 

Emergency Response Planning:

Mr. Weedman can collaborate with the organization to develop protocols for responding to actual or potential violent incidents in the workplace. This includes establishing communication channels, evacuation procedures, and coordination with law enforcement and emergency services. 

Training Development and Delivery:

Mr. Weedman can develop customized training programs tailored to the organization's needs, focusing on recognizing warning signs of potential violence, de-escalation techniques, and appropriate responses to different types of threats. He can also oversee the delivery of training sessions to ensure maximum effectiveness. 

Identifying and Correcting Hazards:

Mr. Weedman can conduct risk assessments to identify potential workplace violence hazards such as inadequate security measures, poor lighting, or high-stress work environments. He can then work with the organization to implement corrective measures to mitigate these risks. 

Post-Incident Response and Investigations:

Mr. Weedman can assist in conducting thorough investigations following incidents of workplace violence, ensuring compliance with legal requirements and preserving evidence for potential disciplinary or legal action. He can also help the organization implement measures to prevent similar incidents in the future based on lessons learned from each investigation. 

4 types of workplace violence

Violence By Criminals

Violence By Criminals

Violence By Criminals

 Type 1 workplace violence perpetrated by criminals involves incidents where individuals outside the organization, often with criminal intent, target the workplace. These acts include robbery, theft, or other crimes committed with the primary objective of financial gain or personal benefit. Criminals may target businesses, retail establishments, or financial institutions, posing a significant threat to employees, customers, and property. Such incidents often occur suddenly and can escalate rapidly, leading to physical harm, emotional trauma, and financial losses. Implementing robust security measures, including surveillance systems, access controls, and employee training on situational awareness, is essential in mitigating the risk of type 1 workplace violence and ensuring the safety and well-being of all stakeholders. 

Violence By Customers

Violence By Criminals

Violence By Criminals

 Type 2 workplace violence, perpetrated by customers, poses significant challenges across various industries. These incidents often stem from frustration, dissatisfaction, or even irrational behavior exhibited by customers towards employees. Whether it occurs in retail settings, healthcare facilities, or service industries, the impact can be profound, ranging from verbal abuse and harassment to physical assault. Recognizing the signs, de-escalating tense situations, and implementing preventive measures such as customer service training and security protocols are essential to safeguarding employees and maintaining a safe work environment. Additionally, fostering open communication channels and providing support systems for employees who experience such incidents are crucial steps in addressing and mitigating type 2 workplace violence by customers.

Violence By Employees

Violence By Related Party

Violence By Related Party

 Type 3 workplace violence by employees involves situations where an employee, or former employee, directs violence towards colleagues, supervisors, or the organization itself. This form of violence often stems from interpersonal conflicts, grievances, or underlying psychological issues. Examples include physical altercations, threats, harassment, sabotage, or acts of revenge. Type 3 violence poses a significant risk to workplace safety and can result in severe physical and emotional harm to individuals, as well as damage to the organization's reputation and productivity. Preventative measures such as conflict resolution training, employee assistance programs, and clear policies on reporting and addressing concerning behaviors are essential in mitigating the risk of type 3 workplace violence. 

Violence By Related Party

Violence By Related Party

Violence By Related Party

 Type 4 workplace violence, involving related parties, occurs when individuals with personal relationships to employees, such as current or former partners, family members, or acquaintances, perpetrate violent acts within the workplace. This form of violence presents a significant threat to employees' safety and well-being, often stemming from domestic disputes or unresolved conflicts that spill over into the workplace environment. Related-party violence can manifest in various forms, including harassment, physical assault, or even homicide, creating a climate of fear and insecurity among workers. Employers must implement comprehensive prevention strategies, including employee training, security measures, and support resources, to mitigate the risks associated with type 4 workplace violence and ensure the protection of all individuals within the workplace community. 

The Risk of Workplace Violence?

 The average settlement deal for Workplace Violence cases, to avoid trial, ranges from $300,000 to $500,000. Incidents of workplace violence incur costs such as downtime, loss of productivity, injuries, and legal expenses, emphasizing the importance of implementing effective prevention and mitigation measures. Workplace violence is unpredictable and can occur anywhere at any time, potentially affecting single or multiple victims. Certain industries, such as healthcare and retail, are particularly susceptible to workplace violence. Prioritizing the safety of employees and business premises is paramount for business owners. Studies show that safer workplaces yield higher productivity rates, happier employees, and reduced losses from incidents stemming from social and technical threats. Our mission is to promote security awareness training nationwide by offering comprehensive programs tailored for corporate and educational institutions.

   Business owners, protecting your place of business and the employees that work in your establishment should be your number one concern. It's been documented that safer and more secure workplace, provide for higher percentages of productivity, happier employees, and reduced loss from Workplace incidents, that arise from social & technical threats. One of our goals is to enhance security awareness training throughout the country. With this goal in mind, we develop in-depth programs for corporate & educational institutions. 

Workplace Violence Examples

 

  1. San Jose VTA Shooting (May 2021): A mass shooting occurred at a Valley Transportation Authority (VTA) rail yard in San Jose, California, where a disgruntled employee killed nine coworkers before taking his own life.
  2. Boulder Supermarket Shooting (March 2021): An active shooter opened fire at a King Soopers supermarket in Boulder, Colorado, killing ten people, including store employees and shoppers.
  3. Milwaukee Molson Coors Shooting (February 2020): A former employee opened fire at the Molson Coors Beverage Company headquarters in Milwaukee, Wisconsin, resulting in the deaths of five employees before the shooter took his own life.
  4. Virginia Beach Municipal Center Shooting (May 2019): A city employee opened fire at the Virginia Beach Municipal Center in Virginia, killing twelve people and injuring several others before being shot dead by police.
  5. Aurora Henry Pratt Company Shooting (February 2019): A terminated employee opened fire at the Henry Pratt Company warehouse in Aurora, Illinois, killing five coworkers and injuring several others before being fatally shot by law enforcement.


  These incidents highlight the tragic consequences of workplace violence and the importance of implementing effective prevention strategies and emergency response protocols. For the most recent incidents, I recommend consulting news sources or official reports for up-to-date information.

California Senate Bill 553

 

Workplace Violence Prevention Plan

  • This bill would require an employer, as specified, to also establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information after July 1, 2024!

GET YOUR ASSESSMENT NOW! Sign Up HERE for FREE QUOTE!
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