Good intentions, the mother of unintended consequences, or why hurriedly made legislative sausage may cause workplace indigestion. Here are the ingredients for your culinary delight:
SB 553 For Your Reading Pleasure
Workplace Violence Prevention Procedures
We all want workplaces safe from workplace killers. Too often, we hear news of killers who freely walk into workplaces and kill people. Citizens must routinely pass through metal detectors, including removing their shoes and belts, to enter a state or federal court or board a domestic flight. Do we want these kinds of barriers before reporting to work? How about using security card access to limit entrance to pre-screened employees? Maybe every employer needs a full-time security guard. Perhaps add red alert buttons at each workstation? Possibly designate at least one person as the violence protection officer responsible for creating a prevention and response plan. Let’s be sure to add metal detection equipment. Maybe we need an employer-mandated log of every incident and response to an incident. California Senate Bill 553 would require measures like these. It would direct a court to issue a TRO on specified findings. The restraining order would require the person restrained to give up any firearms.
How Proposed CA Legislation Takes a Shot a Workplace Violence Prevention
SB 553 would amend the CA Labor Code Sec. 6401.7 to add the requirement that any employer (yes, any means any, including any employer with only 1 employee) to “establish, implement and maintain” . . . a workplace violence prevention plan. That plan must follow the minimum requirements of Labor Code Sec. 6409.1. [See hyperlink above.] That proposed section defines what must be in the prevention plan and what must be implemented per the plan. The employer must keep records showing the training, maintenance, and implementation have been accomplished and that a business log has fully documented any incident. In a nutshell, the plan has two goals: keeping shooters out, but also how to deal with an active shooter if one gets in.
Is this proposed legislation good in its purpose but ill-advised in its scope and reach? You, the business owner, and the employee population decide. You can contact your CA senator and assembly person to support or oppose SB-553. Here’s your link: https://findyourrep.legislature.ca.gov/.
If you’d like more information on setting up or amending your workplace violence prevention plan, call Frank Pray, Employment Attorney, at 949-637-3360. He has over 25 years practicing employment law in California, including Orange County, San Diego County, San Bernardino County, Los Angeles County, and now Northern California.