Bill Text: CA SB553 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-30 - Chaptered by Secretary of State. Chapter 289, Statutes of 2023. [SB553 Detail]
Download: California-2023-SB553-Amended.html
A collective bargaining representative seeking a temporary restraining order and an order after hearing on behalf of employees at other workplaces of the employer shall also be the collective bargaining representative of those other
employees. For purposes of this section only, a person shall be considered a collective bargaining representative for all employees named in the petition for a temporary restraining order and an order after hearing, regardless of whether those employees are represented by the collective bargaining representative for purposes of collective bargaining with respect to conditions of employment under the employer, if the person serves as a collective bargaining representative for at least one employee who works for the employer.
Bill Title: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-30 - Chaptered by Secretary of State. Chapter 289, Statutes of 2023. [SB553 Detail]
Download: California-2023-SB553-Amended.html
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Amended
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Senate
April 17, 2023 |
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Amended
IN
Senate
March 28, 2023 |
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Amended
IN
Senate
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 553
| Introduced by Senator Cortese |
February 15, 2023 |
An act to amend Section 527.8 of the Code of Civil Procedure, and to amend Section 6401.7 of, and to add Section 6401.9 to, the Labor Code, relating to occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 553, as amended, Cortese.
Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would also authorize a collective bargaining representative of an employee, as described above, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees,
including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain maintain, at all times in all of the employer’s facilities, a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace
violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. 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. The bill would provide that an employer shall not prohibit an 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.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 527.8 of the Code of Civil Procedure is amended to read:527.8.
(a) Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.(b) For purposes of this section:
(1) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or
stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2) “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3) “Employer” and “employee” mean persons defined in Section 350 of the Labor Code. “Employer” also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or
quasi-public corporation, or any public agency thereof or therein. “Employee” also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, “employee” also includes a volunteer or independent contractor who performs services for the employer at the employer’s worksite.
(4) “Petitioner” means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(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.
(6) “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph
(A).
(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.
(c) This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d) In the discretion of the
court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employee’s workplace or workplaces.
(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. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f) A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g) A temporary restraining order granted under this section shall remain in effect, at the court’s 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.
(h) Within 21 days, or if good cause appears to the
court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. 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 filed.
(i) The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employer’s decision to retain, terminate, or otherwise
discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. 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 of violence since the issuance of the original order, subject to termination or modification by further order of the court either on
written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l) This section does not preclude any party from representation by private counsel or from appearing on the party’s own behalf.
(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. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o) The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p) (1) Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2) If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q) (1) If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally
with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2) If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the 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.
(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
“If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining
order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.”
(r) (1) Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to
each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications
System (CLETS).
(B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5) At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner
shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondent’s address.
The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondent’s mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s) (1) A person
subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(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.
(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.
(u) This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v) (1) The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. 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.
(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. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not
be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A) The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B) The temporary restraining order or order after hearing issued pursuant
to this section is based on unlawful violence or a credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.
Section 6401.7 of the Labor Code is amended to read:6401.7.
(a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:(1) Identification of the person or persons responsible for implementing the program.
(2) The employer’s system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3) The employer’s methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner.
(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 employee’s job assignment.
(5) The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6) The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7) A
workplace violence prevention plan conforming with the requirements of Section 6401.9.
(b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c) The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code
may use employee training provided to the employer’s employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employee’s job duties.
(d) The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to
keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employee’s job duties.
(e) (1) The standards board shall adopt a standard setting forth the employer’s duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employer’s injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2) Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in
industries that are not on a designated list of high hazard industries and who have a workers’ compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employer’s duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not
require the employer to keep the records specified in subdivision (d).
(3) (A) The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the “designated list of high hazard industries” shall be the list established pursuant to this paragraph.
(B) For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(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.
(f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employer’s injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1) Review of the employer’s periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the
committee may conduct its own inspections and investigations.
(2) (A) Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B) If an employer’s 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).
(g) The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable
for any act or omission in connection with a health and safety committee.
(h) The employer’s injury prevention program, as required by this section, shall cover all of the employer’s 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. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i) When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the
contract employee within the state agency’s injury prevention program.
(j) (1) The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. 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 employer’s adoption and implementation of the model program.
(2) For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified
by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 60–67), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list,
the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3) The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and
complies with any instructions relating thereto.
(k) With respect to any county, city, city and county, or district,
or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(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. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and
effectively imparts the information and skills each of these groups needs to ensure that all of the insured’s specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 3.
Section 6401.9 is added to the Labor Code, to read:6401.9.
(a) For purposes of this section, the following definitions apply:(1) “Employer” means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2) “Alarm” means a mechanical, electrical, or electronic device that
does not rely upon an employee’s vocalization in order to alert others.
(3) “Engineering controls” means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the worker and the hazard. For purposes of reducing workplace violence hazards, “engineering controls” include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4) “Environmental risk factors” means factors in the facility or area in which services or operations are conducted that may contribute to the
likelihood or severity of a workplace violence incident. “Environmental risk factors” include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5) “Employer’s facilities” shall not include facilities operated by the Department of Corrections and Rehabilitation.
(5)
(6) “Threat of violence” means a statement or conduct that causes a person to fear for the person’s safety because there is a reasonable
possibility the person might be physically injured, and that serves no legitimate purpose.
(6)
(7) “Work practice controls” means procedures, rules, and staffing which are used to effectively reduce workplace violence hazards. 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.
(7)
(8) “Workplace violence” means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. 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.
(B) Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or
stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.
(C) An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(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 employer’s facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written
injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1) The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2) Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3) Methods the employer will use to
coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4) Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an
employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(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.
(6) Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7) Procedures to communicate with employees regarding
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.
(B) How an employee can report a violent incident, threat, or other workplace violence concern.
(C) How employees can communicate workplace violence concerns without fear of reprisal.
(D) How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8) Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9) Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment
tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such environmental assessments will take place. 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.
(B) Poor illumination or blocked visibility of areas where possible assailants may be present.
(C) Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D) Lack of effective escape routes.
(E) Obstacles and impediments to accessing alarm systems.
(F) Locations within the facility where alarm systems are not operational.
(G) Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H) Storage of high-value items or currency.
(10) Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls
shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A) Ensuring that sufficient numbers of staff are trained and available
to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B) Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C) Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D) Maintaining sufficient
staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(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.
(F) Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G) Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies
must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11) Procedures for postincident response and investigation, including:
(A) Providing immediate medical care or first aid to employees who have been injured in the incident.
(B) Identifying all employees involved in the incident.
(C) Making available individual trauma counseling to all employees affected by the incident.
(D) Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E) Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F) Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G) Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12) Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(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). Information about each incident shall be based on information solicited from the employees who
experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the person’s name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the person’s identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1) The date, time, specific location, and department of the incident.
(2) A detailed
description of the incident.
(3) A classification of who committed the violence, including
whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4) A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5) A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom,
parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6) The type of incident, including whether it involved any of the following:
(A) Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B) Attack with a weapon or object, including a gun, knife, or other object.
(C) Threat of physical force or threat of the use of a weapon or other object.
(D) Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual
contact.
(E) Verbal harassment.
(F) Animal attack.
(G) Other.
(7) Consequences of the incident, including:
(A) Whether medical treatment was provided to the employee.
(B) Who, if anyone, provided necessary assistance to conclude the incident.
(C) Whether security was contacted and whether law enforcement was contacted.
(D) Amount of lost time from work, if any.
(E) Actions taken to protect employees from a continuing threat, if any.
(8) Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d) (1) The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees’ respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A) Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B) Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C) Job design, equipment, and facilities.
(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.
(2) Based on the review in paragraph (1), the workplace violence prevention plan shall be
updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A) New or modified tasks and procedures which may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation
procedures, alarm systems and emergency response.
(B) Newly recognized workplace violence hazards.
(C) A review and evaluation of workplace violence incidents which result in a serious injury or fatality.
(D) A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e) (1) The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their
collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2) All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A) Initial training when the workplace violence
prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. 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 employer’s workplace violence prevention plan, including the employer’s hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in
reviewing and revising the plan.
(ii) How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii) Strategies to avoid physical harm.
(iv) How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v) How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves
content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, “educational workplace” means any workplace where students are educated in any subject matter.
(vi) How to prepare for and respond to shoplifting, if the employees work in retail.
(vii) The role of private security personnel, if any.
(viii) How to report violent incidents to law enforcement.
(ix) Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x) An opportunity for interactive questions and answers with a person knowledgeable about the employer’s workplace violence prevention plan,
(B) Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C) Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f) (1) Records of workplace violence hazard identification, evaluation, and correction shall
be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply.
(2) Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply to these training records.
(3) Records of violent incidents, including, but not limited to, violent incident
logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain “medical information,” as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4) All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g) An employer shall not prohibit an 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.
