hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces. A Timely Look at Timeliness (US). The bill would require the standards adopted by the division to be consistent with the hospital standards, except as the division determines to be necessary to apply to the employers covered under the new standards. (3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. On May 31, 2023, the California Senate passed Senate Bill ("SB") 553 creating new workplace violence prevention standards in California. Sadly, SB 553 ignored those years of work and applies the hospital standardwith a few additional provisionsto even the smallest employer in the state.. (12)Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters. (h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. 553by a vote of 298. (m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. 190.2. State Sen. Dave Cortese authored Senate Bill 553 to . (4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list. sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Senator Shannon Grove (R-12) expressed her deep concern that the bill was redundant and overstepped Cal/OSHAs work to develop general industry workplace violence prevention standards. Log In / Sign Up . (F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a on APPR. This may include removal of sight barriers, provision of Service shall be made at least five days before the hearing. This maritime and petroleum experience is unique among employment Robert Rodriguez has significant experience handling a wide You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The California Senate has passed Senate Bill (SB) No. (7)Workplace violence means any act of violence or threat of violence that occurs at the workplace. Held at Desk. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident. California Senate Bill 553 CA State Legislature page for SB553 Summary Sponsors Texts Votes Research Comments Track Bill Title: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan. skip to content home accessibility FAQ feedback sitemap login x Quick Search: Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> SB 553 is not targeted atand does not affecttrained security guards. Senate Bill No. (2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. (2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The protected party may waive. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following: (i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, (E)Actions taken to protect employees from a continuing threat, if any. units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). (H)Storage of high-value items or currency. (7)A workplace violence prevention plan conforming with the requirements of The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory. Spectrum: Partisan Bill (Democrat 2-0) Status: (Engrossed) 2023-07-10 - Read second time and amended. Information about each incident shall be based on information solicited from the employees who experienced the workplace (5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being Read second time. As workplace violence has escalated, one California legislator wants to ensure workers are better protected and trained to handle these situations. Completed Legislative Action Spectrum: Partisan Bill (Democrat 2-0) Status: Passed on September 23 2021 - 100% progression Action: 2021-09-23 - Chaptered by Secretary of State. on JUD. ____. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Re-referred to Com. (e)(1)The standards board shall adopt a (c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Workplace violence includes any of the following: (A)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. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this Details on California SB 553 (California 2021-2022 Regular Session) - Income taxes: California Work Opportunity Tax Credit. (E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency. The bill prohibits companies from forcing their employees to confront shoplifters. On May 31, 2023, the California Senate passed Senate Bill ("SB") 553 creating new workplace violence prevention standards in California. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, Do pass as amended and be re-referred to the Committee on [Appropriations], Do pass and be re-referred to the Committee on [Judiciary], Do pass, but first be re-referred to the Committee on [Appropriations], Do pass as amended, but first amend, and re-refer to the Committee on [Rules], https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB553, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#99INT, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#98AMD, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#97AMD, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#96AMD, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#95AMD, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#94AMD, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB553#93AMD, https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202320240SB553. (l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. (2)A detailed description of the incident. SB 553 applies to office environments and other job locations, although it heavily targets the retail sector, which has seen a sharp uptick in shoplifting and violence. (u)This section shall not be construed as expanding, diminishing, altering, or modifying the (5)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose. on APPR. workplace violence matters, including: (A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents. California Senate Bill; . California Senate Bill 300 (Prior Session Legislation) CA State Legislature page for SB300. Exception No. on L., P.E. restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). (e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. Occupational safety: workplace violence: restraining orders and workplace violence prevention plan. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. Now, if Senate Bill 553 passes the Assembly and earns Gov. (10)Procedures to correct workplace violence hazards in a timely manner. Ascurrently drafted, SB 553 authorizes labor unions to seek temporary restraining orders (TROs) based on workplace violence or a credible threat of violence. To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d). (t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code. (7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. (b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. Re-referred to Com. Read second time and amended. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats Spectrum: Partisan Bill (Democrat 9-0) Status: Engrossed on July 15 2021 - 50% progression, died in chamber Action: 2022-08-29 - Ordered to inactive file on request of Assembly Member Kalra. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. (4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment. (C)A review and evaluation of workplace violence incidents which result in a serious injury or fatality. (g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court. (D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas. (B)How an employee can report a violent incident, threat, or other workplace violence concern. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. (B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new The legislation would establish new workplace violence prevention standards in California.. SB 553, introduced by Silicon Valley's State Sen. Dave Cortese (D-Cupertino), is described as a bill to prevent and monitor "workplace violence." (C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles. (5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is (B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a). From committee with author's amendments. SB 553. employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs. Pending: Assembly Appropriations Committee on RLS. Environmental risk factors shall include, but are not limited to, the following: (A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees. (2)The court shall order a person subject to a (Ayes 5. The bill also requires a workplace violence prevention plan containing detailed written procedures and processes similar in scope to those of healthcare facilities and psychiatric hospitals, as well as engineering controls (such as electronic access controls to employee-occupied areas, installed or handheld weapons detectors and personal alarm devices) and work practice controls (such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.) The legislation also requires shoplifter training and active shooter training, and it specifically prohibits employers from maintaining policies that require employees to confront active shooters or suspected shoplifters., According to California Chamber of Commerce Policy Advocate Rob Moutri, Californias employersboth public and privateshould be very concerned about SB 553 because it requires all employers to meet workplace violence standards that exceed even those applied to hospitals under present regulations. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.