What Is SB 553?
Senate Bill 553 (signed into law September 2023, effective July 1, 2024) added Labor Code §6401.7, requiring every California employer with at least one employee to develop, implement, and maintain a written Workplace Violence Prevention Plan (WVPP). There are no industry exemptions and no size exemptions. Every California RCFE is required to have a compliant WVPP.
What Must a WVPP Include?
Cal/OSHA has published the required elements of a compliant WVPP. The plan must address all four types of workplace violence:
- Type 1: Violence by a person with no legitimate relationship to the facility (robbery, criminal intrusion)
- Type 2: Violence by a resident, family member, or visitor
- Type 3: Violence between employees (worker-on-worker)
- Type 4: Violence arising from personal relationships that enters the workplace
In addition to coverage of all four types, the WVPP must include:
- Names or job titles of persons responsible for implementing the plan
- Effective procedures for employee involvement in developing and reviewing the plan
- Methods to coordinate implementation with other employers at shared worksites
- Procedures to identify and evaluate workplace violence hazards
- Procedures for designing and implementing engineering and administrative controls
- Training requirements for all employees
- Procedures for emergency response, post-incident response, and investigation
- Procedures for reviewing the plan after each incident and at least annually
The Violent Incident Log
One of the most frequently missed requirements: SB 553 mandates maintaining a Violent Incident Log for every workplace violence incident. The log must record:
- Date, time, and location of the incident
- A description of what happened
- Classification of the incident type (Type 1-4)
- Who was involved (by role, not necessarily name)
- Consequences of the incident
- Actions taken to address the incident
Cal/OSHA inspectors can request the Violent Incident Log. Logs must be retained for at least five years and provided to employees and their representatives upon request.
Training Requirements
All employees must be trained on the WVPP when it is first implemented, when they are newly hired, and when the plan is updated. Training must cover:
- The WVPP and how to access it
- How to report workplace violence incidents
- Violent incident log requirements
- Corrective measures the employer has taken
- How to seek post-incident assistance
Why RCFEs Face Elevated Type 2 Risk
Type 2 violence - from residents, family members, or visitors - is the most common form of workplace violence in residential care settings. Residents with dementia, cognitive impairment, or behavioral health histories can exhibit unpredictable behaviors. Your WVPP must specifically address Type 2 risk factors and prevention measures relevant to your resident population.
Facilities that also have a Dementia Plan of Operation, Elopement Prevention Plan, or documented behavioral management policies have a natural foundation for Type 2 violence prevention documentation. These documents can be cross-referenced in the WVPP.
Cal/OSHA Enforcement
Cal/OSHA has authority to inspect and cite employers for WVPP non-compliance under the General Duty Clause and Labor Code §6401.7. Penalties for willful violations can exceed $25,000 per violation. First-time non-willful violations typically result in citations requiring immediate corrective action.
Get Into Compliance Today
If your RCFE does not yet have a written WVPP, you are currently in violation of California law. Regnexify’s Workplace Violence Prevention Plan ($129) is written specifically for the RCFE setting, covers all four violence types, includes the Violent Incident Log template, and meets Cal/OSHA requirements.