Workplace Violence Prevention, including authorizing a collective bargaining representative to seek a restraining order on behalf of the employee and other employees at the workplace

Senate Bill 553 (SB 553), effective from July 1, 2024, creates the first general industry workplace violence prevention safety requirements in the United States. SB 553 amends the California Labor Code by adding Section 6401.9, which requires covered employers to establish a comprehensive workplace violence prevention plan. This plan must involve employee participation in identifying and addressing workplace violence hazards, coordination among employees, and procedures for seeking assistance from law enforcement agencies. In addition to creating and implementing this violence prevention plan, covered employers must maintain a detailed violent incident log that records all workplace violence incidents, responses, and injury investigations in line with the prevention plan’s guidelines. Unions are encouraged to bargain with employers over these plans and their effects.

Additionally, the law expands California Code of Civil Procedure Section 527.8 to provide employees with greater protections against workplace violence. Previously, only the employee or employer could file a temporary restraining order (TRO) on behalf of employees. Further, the party needed to show that they suffered unlawful violence or a credible threat of violence that was likely to occur at the workplace in order to warrant a TRO. Now, employees are able to seek a TRO for harassment, in addition to violence or threats of violence.

Further, beginning January 1, 2025, Section 527.8 will also permit unions to file TROs on behalf of the employees it represents.

SB 553 aims to enhance workplace safety and employee well-being by addressing and managing the risks associated with workplace violence. Employees have greater access to TROs, which serve as an important resource for employees facing active or imminent danger at work. Further, the law provides consistent and clear safety guidelines, which ensures that workers are safer and better protected in various workplaces and industries.

If you have any questions please contact your labor law counsel.