March 20, 2023

Volume XIII, Number 79

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March 20, 2023

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New California Bill Aims to Require Cal/OSHA to Adopt General Industry Workplace Violence Prevention Regulations

Workplace violence is a serious concern for California employers in all industries, but the state’s workplace violence prevention regulations are currently applicable only to the healthcare industry. A bill recently introduced in the California Legislature would require the state’s occupational safety and health regulator to broaden the scope of workplace violence prevention regulations.

On February 15, 2023, California State Senator Dave Cortese (D-15) introduced Senate Bill (SB) No. 553, which, if enacted, would require the California Division of Occupational Safety and Health (Cal/OSHA) to adopt regulations requiring any employer not subject to the healthcare regulations to adopt a workplace violence prevention plan as part of the employer’s injury and illness prevention plan. The regulations would need to be consistent with the state’s healthcare industry workplace violence prevention standards. The healthcare standard requires a violent incident log, recordkeeping, reporting of violent incidents to Cal/OSHA, a written violence prevention plan, and training. The bill’s proposed regulations would cover most employers in California. The current version of the bill does not specify a time period for Cal/OSHA to adopt the regulations.

Cal/OSHA is already working on proposed general industry workplace violence prevention standards. In May 2022, the agency issued a revised discussion draft of a proposed workplace violence prevention regulation applicable to all industries that would require employers to implement measures to prevent and respond to workplace violence. The proposed regulation has not yet been adopted.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XIII, Number 75
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About this Author

Karen Tynan, employment lawyer, Ogletree Deakins
Of Counsel

Karen Tynan is an of counsel attorney in the Sacramento office of Ogletree Deakins. Karen is originally from the state of Georgia, and after graduating with honors from the United States Merchant Marine Academy, she worked for Chevron Shipping Company for ten years – sailing as a ship's officer on oil tankers rising to the rank of Chief Officer with her Unlimited Master’s License as well as San Francisco Bay pilotage endorsement.  Karen was the highest ranking woman in the Chevron fleet when she left her seafaring life.  This maritime and petroleum experience is unique among employment...

918 840 3150
Robert C. Rodriguez Labor & Employment Lawyer Ogletree Deakins Law Firm
Associate

Robert Rodriguez has significant experience handling a wide variety of labor and employment matters, including wage and hour class actions, claims of discrimination, retaliation, harassment, and wrongful termination. He also has experience providing in-house legal advice regarding complex labor and employment issues.

Prior to joining Ogletree Deakins, Robert served as an attorney for the Governor’s Office of Emergency Services, handling in-house labor and employment matters and previously, at a Sacramento area civil litigation firm, where he handled a wide array of employment...

916-840-3292
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