California SB 553: Workplace Violence Prevention Requirements and Employer Liability

Since July 1, 2024, nearly every California employer has needed a written workplace violence prevention plan. Two years in, many small and midsize businesses still have a template plan sitting in a shared drive that nobody has reviewed, trained on, or updated. That gap is exactly what Cal/OSHA inspectors and plaintiffs' lawyers look for after an incident, and it's why an employer defense attorney will usually ask to see your plan before anything else.

The short answer: SB 553 (Labor Code § 6401.9) requires most California employers to maintain a written Workplace Violence Prevention Plan, keep a violent incident log, train employees every year, and retain records. Falling short can lead to Cal/OSHA citations, and a weak plan can make it harder to defend related retaliation or negligence claims after an incident.

What Does SB 553 Require?

SB 553 has four core obligations. The plan can be a separate document or a standalone section of your existing Injury and Illness Prevention Program (IIPP), but it must be easy for employees to find and read.

•        A written Workplace Violence Prevention Plan (WVPP). It must name the people responsible for the plan, involve employees in identifying hazards, set procedures for reporting and responding to violence without retaliation, cover emergency response, and explain how incidents will be investigated.

•        A violent incident log. Every incident gets recorded with the date, time, location, type of violence, a description, and the response. Logs must leave out personal identifying information like names and addresses.

•        Annual interactive training. Employees need training when the plan is first put in place and every year after, with a chance to ask questions of someone who knows the plan. Additional training is required when new hazards appear.

•        Recordkeeping. Hazard identification, correction, and incident investigation records must generally be kept for five years, and training records for at least one year.

Employees and their representatives must also be involved in developing the plan and reviewing it each year. Many employers skip this step, and it's one of the easiest gaps for an inspector to spot.

Which Santa Cruz Employers Are Exempt?

The exemptions are narrower than most businesses assume. SB 553 generally does not apply to:

•        Health care facilities already covered by Cal/OSHA's health care workplace violence standard

•        Places of employment with fewer than 10 employees on site at any time that are not open to the public, provided they comply with the Injury and Illness Prevention Program rules

•        Employees teleworking from a location the employer doesn't control

•        Certain law enforcement and correctional facilities

A downtown Santa Cruz retail shop with six employees still needs a plan because it's open to the public. So does a Capitola restaurant, a Watsonville warehouse with 30 workers, and a Scotts Valley tech office where the front lobby is open to visitors. When in doubt, assume you're covered. Preparing a plan costs far less than defending a citation.

How SB 553 Creates Employer Liability

Workplace violence liability rarely comes from a single source. Employers usually face some combination of these:

•        Cal/OSHA citations. Missing or deficient plans, logs, or training records can lead to citations, and serious violations can carry penalties up to $25,000 each.

•        Retaliation claims. SB 553 requires procedures that protect employees who report violence or seek help. Disciplining someone after a report can trigger claims under Labor Code § 6310 and related provisions.

•        Negligence claims by third parties. Workers' compensation usually limits employee injury claims, but customers, vendors, and visitors can sue for negligent hiring, retention, or security.

•        Restraining order proceedings. Since January 1, 2025, a collective bargaining representative can seek a workplace violence restraining order on behalf of an employee under Code of Civil Procedure § 527.8.

Unused policies can hurt more than help. A plan that names a person who left two years ago, or promises training that never happened, becomes evidence that the company knew about the risk and did not act.

Where a Workplace Investigator Fits In

Every WVPP must include procedures for investigating violent incidents and threats. For minor incidents, a trained internal manager can often handle the review. When the threat comes from an employee, involves a supervisor, or could lead to termination or litigation, bringing in a neutral workplace investigator protects both your people and your legal position.

Picture a Watsonville warehouse where one employee reports that a coworker threatened him in the parking lot. An outside investigator can interview witnesses, review camera footage, and document findings the company can rely on if it later disciplines or terminates the accused. Our guide to conducting a legally defensible workplace investigation covers the process, and Brereton, Mohamed & Korte, LLP also assists with workplace investigations for employers.

What About the Upcoming Cal/OSHA Standard?

SB 553 directs the Cal/OSHA Standards Board to adopt a permanent general industry workplace violence standard by December 31, 2026. A revised draft was released in July 2026, and business groups have raised concerns about new requirements around employee appeals, training response times, and access to records. Until the final rule is adopted, Labor Code § 6401.9 remains the law employers must follow. Expect to update your plan once the standard is finalized.

Common SB 553 Compliance Mistakes

•        Downloading a generic template without tailoring it to your worksite's real hazards

•        Failing to involve employees in creating or reviewing the plan

•        Logging incidents inconsistently or including names in the log

•        Treating annual training as a video with no chance to ask questions

•        Assuming employment practices liability insurance will cover every related claim

Talk to an Employer Defense Attorney About Your Plan

SB 553 compliance is a legal document, a training program, and a recordkeeping system all at once. An employer defense attorney can review your plan against the statute, prepare you for the coming Cal/OSHA standard, and advise you on discipline and investigations when an incident happens. For other warning signs, see red flags that mean it's time to call an employer defense attorney.

Brereton, Mohamed & Korte, LLP is an employment law defense attorney team that serves Santa Cruz County businesses. Call 831-429-6391 to schedule a review of your workplace violence prevention plan.

Frequently Asked Questions

1.When did SB 553 take effect?

SB 553 took effect on July 1, 2024. Covered employers were required to have a written workplace violence prevention plan in place and to begin training employees by that date.

2.Does SB 553 apply to small businesses?

Usually, yes. The main small-business exemption only covers worksites with fewer than 10 employees that are not open to the public. Any business with customer-facing space generally needs a plan regardless of headcount.

3.What counts as workplace violence under SB 553?

It includes any act of violence or threat of violence at a place of employment, including threats that cause no physical injury. The law covers violence from strangers, customers, coworkers, and people with a personal relationship to an employee.

4.How long do we have to keep SB 553 records?

Violent incident logs and records of hazard identification, correction, and incident investigations generally must be kept for five years. Training records must be kept for at least one year.

5.Can employees sue us directly under SB 553?

SB 553 is enforced mainly through Cal/OSHA. However, a deficient plan can become evidence in related lawsuits, such as retaliation claims by employees who reported violence or negligence claims by injured third parties.

6.Should we use a workplace investigator after a violent incident?

For serious incidents or threats involving employees, a neutral workplace investigator is often the safest choice. Their findings can support discipline decisions and demonstrate that your plan's investigation procedures actually work.

7.Will the new Cal/OSHA standard change our obligations?

Likely, yes. The Standards Board must adopt a general industry standard by the end of 2026, and drafts include additional requirements. Plan to review and update your WVPP once the final rule is published.