As of July 1, 2024, California employers face a new legal obligation: investigating and documenting incidents of workplace violence under Senate Bill 553 (SB 553). This requirement is part of a broader mandate to implement a comprehensive Workplace Violence Prevention Plan (WVPP), and it applies to most California employers.
While many employers are already familiar with the Fair Employment and Housing Act (FEHA) requirements for investigating harassment, discrimination, or retaliation, SB 553 introduces a new layer of compliance focused specifically on workplace violence and threats.
Key SB 553 Requirements
Under SB 553, employers must investigate every incident, threat, or concern related to workplace violence and document the findings in a Violent Incident Log.
This log must include:
- A summary of the incident.
- Statements from affected employees and witnesses.
- Any supporting documentation or evidence.
To protect privacy, the log must exclude personal identifying information. Employers must make the records available to employees and their representatives upon request and retain them for at least five years.
What Qualifies as Workplace Violence?
The law defines workplace violence broadly, including:
- Physical attacks (with or without weapons)
- Threats of physical harm
- Sexual assault or threats
- Aggression from customers, former employees, or even domestic partners
- Random acts of violence at job sites or during off-site assignments
Employers should also consider whether certain harassment or bullying complaints fall under this definition, especially if they involve threats, intimidation, or physical contact.
How to Conduct a Compliant Investigation
While SB 553 does not prescribe a step-by-step investigation process, employers should follow best practices consistent with FEHA investigations:
- Act promptly and remain objective.
- Maintain confidentiality as much as possible.
- Document all findings thoroughly.
- Determine whether a policy or legal violation occurred.
- Take corrective or preventive action when appropriate.
Following this approach supports both compliance and a culture of employee safety and organizational accountability.
Next Steps for Employers
To comply with SB 553, employers should:
- Develop or update their Workplace Violence Prevention Plan.
- Train employees annually to identify and report workplace violence.
- Create and maintain a compliant Violent Incident Log.
- Establish clear procedures for investigating and responding to incidents.
Why Partner with California Labor Solutions?
California Labor Solutions (CLS) is a trusted HR and Investigations firm licensed* to conduct impartial workplace investigations throughout California. We proudly serve both private and public-sector organizations, offering deep expertise in handling sensitive employee matters with precision and professionalism.
Our team has successfully conducted hundreds of investigations involving allegations of discrimination, harassment, retaliation, workplace violence, and other forms of employee misconduct. Each case is approached with objectivity, attention to detail, and a commitment to delivering timely, actionable results.
With new mandates like SB 553, we provide the investigative expertise and compliance guidance California employers need to protect their workforce and meet their legal obligations.
*California Private Investigator License Number 26311
Disclaimer
Please note that regulatory updates and advisories from governing agencies may contain ambiguities or be subject to frequent revisions. This material does not constitute legal advice. The information and opinions shared are based on our reasonable interpretation of the agency’s guidance at the time of publication and may change as new developments arise. Outcomes may vary depending on your specific circumstances. We recommend consulting with your legal or financial advisors before acting on any general guidance provided.