Does California's SB 553 Apply to Your Business? Understanding the Scope and Exemptions

Introduction

Are you a California employer feeling confused about the new SB 553 law and its Workplace Violence Prevention Plan (WVPP) requirement? You're definitely not alone. Many business owners, HR managers, and operations leaders are asking: "Does this even apply to my company?"

With the July 1, 2024 compliance deadline already passed, getting clarity is crucial. This simple guide will help you understand who SB 553 covers and explain the very limited exceptions, so you can know where your business stands.

The Short Answer: SB 553 Covers Almost Everyone

Let's cut to the chase: California Labor Code §6401.9 (the law created by SB 553) applies to virtually all employers in California, regardless of industry or size.

If you have even one employee working in California, the law likely requires you to:

• Create and maintain a written WVPP specific to your workplace.
• Train your employees on the plan (initially and annually).
• Keep detailed records, including a log of all violent incidents.

But What About the Exemptions? Are They Common?

The law does list a few specific exemptions, but they are very narrow and most businesses do not qualify. Here's who might be exempt:

1. Certain Healthcare Facilities: Places already covered by Cal/OSHA's existing, detailed Workplace Violence Prevention in Health Care standard (Title 8 CCR §3342). (Think hospitals, certain clinics – they have their own robust rules).

2. Specific Law Enforcement & Corrections: Certain law enforcement agencies and correctional facilities that meet specific safety and training criteria outlined in the law.

3. Very Small Workplaces NOT Open to the Public: This is the trickiest one. To qualify, a workplace must meet all these conditions:

   • It is NOT accessible to the public.
   • It has fewer than 10 employees working at the location at any given time.
   • It complies with Cal/OSHA's general Injury and Illness Prevention Program (IIPP) rules.

   (This is rare – think a tiny back office with no customer access at all).

4. Employees Teleworking from Home (The Location Itself): The law exempts the employee's chosen remote work location (like their home office) if it's not under the employer's control.

Common Points of Confusion (Let's Clear Them Up!)

• "I only have a few employees, am I exempt?" Probably not. As mentioned, size alone doesn't exempt you unless you also meet the strict "not open to the public" and "<10 employees present" criteria. Most small businesses are covered.

• "What about my remote workers?" This is a big one! While the employee's home itself isn't covered by the WVPP rules, you, the employer, still have SB 553 obligations. Your WVPP needs to address potential violence risks related to their work, even if performed remotely. Examples include:

  • Risks during work-related travel.
  • Risks when meeting clients or colleagues offsite.
  • Risks if they occasionally visit a company worksite.
  • Addressing potential Type 4 violence (domestic violence spilling into work communications/interactions).

  You still need a plan and training that covers these aspects for your remote team.

Conclusion: Assume You're Covered and Act Accordingly

For the vast majority of California employers, the answer to "Does SB 553 apply?" is yes. The exemptions are very specific and don't cover most typical business operations, including small businesses or those with remote teams.

Given the July 1, 2024 deadline and potential Cal/OSHA enforcement, the safest approach is to assume the law applies to you and take steps to comply. Understanding the scope is just the first step – the next is understanding the detailed requirements for your plan, training, and records.

Want to read the official law or see Cal/OSHA's resources? You can find the full text by searching "California Labor Code 6401.9" and find helpful guides on the Cal/OSHA website under "Workplace Violence Prevention General Industry".