At first glance, California's Senate Bill 553, aimed at preventing and addressing workplace violence, may not appear directly relevant to workplace investigations. However, within the legislation's key provisions is a requirement for employers to perform an investigation after any threat or incident of workplace violence. This mandate mirrors the Fair Employment and Housing Act (FEHA), which imposes an obligation on employers to conduct impartial investigations when complaints of discrimination, harassment or retaliation arise. This article will provide an overview of the new legislation, discuss the mandate for investigations, and explain why an external attorney investigator may be best situated to perform them.

California Passes New Legislation to Prevent Workplace Violence

In response to growing concerns over the rise of workplace violence occurring throughout the state, the California Legislature has continued its efforts to promote workplace safety. Those efforts resulted in Senate Bill 553 (SB 553), which requires employers to be proactive about workplace violence prevention. SB 553 mandates that employers establish, implement, and maintain a comprehensive Workplace Violence Prevention Plan, among other preventative measures. This applies to all California employers, with very limited exceptions. State law defines "employer" as any person engaged in any business or enterprise in California if they employ at least one person under any appointment. Gov. Gavin Newsom signed SB 553 in September 2023, and the bill goes into effect on July 1, SB 553 is newly codified under Labor Code Section Section 6401.9, which sets out the requirements for a Workplace Violence Prevention Plan. The Bill will be enforced by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA.)