Understanding the Basics

Senate Bill SB 553, which goes into effect July 1, 2024, places a spotlight on workplace safety by emphasizing the need for employers to implement effective violence prevention plans. The goal is to create a safer work environment for employees across different industries by addressing violence prevention and reporting, including topics such as active shooter preparedness, response, and even restraining orders. Let’s break down the key aspects of the bill related to workplace violence prevention.

1. Scope and Applicability
   SB 553 applies to a broad spectrum of workplaces, encompassing various industries and professions. This includes offices, manufacturing facilities, healthcare institutions, educational institutions, and others. It is essential for employers and employees to recognize the bill’s universal applicability.
2. Definition of Workplace Violence
   The bill provides a clear definition of workplace violence, encompassing a range of behaviors that pose a threat to the safety and well-being of employees. This can include physical violence, threats, intimidation, and other harmful actions that may occur within the workplace.
3. Employer Responsibilities
   SB 553 places the onus on employers to develop, implement, and maintain an effective workplace violence prevention plan. Employers are required to conduct risk assessments to identify potential hazards and take proactive measures to mitigate the risk of violence in the workplace.
4. Employee Involvement
   The bill encourages active participation from employees in developing and reviewing workplace violence prevention plans. Employees should be informed about the plan’s contents, trained to recognize potential risks, and equipped with the knowledge to respond appropriately.
5. Training Requirements
   SB 553 mandates that employers train employees on recognizing and preventing workplace violence.
6. Recordkeeping and Reporting
   The bill outlines recordkeeping requirements for employers, including documentation of risk assessments, training sessions, and incidents of workplace violence. Additionally, employers must report serious workplace violence incidents to the appropriate authorities.

How to Comply and Stay Informed

1. Review and Update Policies
   Employers should review their existing workplace violence prevention plans and update them to comply with the requirements of SB 553. Regular assessments of potential risks are crucial for maintaining a current and effective plan.
2. Training Programs
   Implement comprehensive training programs for employees, ensuring they are well-versed in recognizing and responding to potential acts of violence. Regularly revisit and update training materials to inform employees about the latest safety protocols.
3. Consult Legal Resources
   For employers seeking clarification on specific aspects of SB 553, consulting security and legal professionals well-versed in employment safety law can provide valuable insights and guidance.

Penalties for Non-Compliance

Failure to comply with the provisions outlined in SB 553 may result in significant penalties for employers. These penalties are designed to encourage adherence to workplace violence prevention plans and ensure the safety and well-being of employees. Penalties may include:

1. Fines
   Employers found violating SB 553 may be subject to fines imposed by regulatory authorities. The amount of fines can vary based on the severity of the violation and the employer’s history of non-compliance and range from $18,000 to $25,000 per incident.
2. Legal Actions
   Non-compliance may lead to legal actions, including lawsuits filed by affected employees or regulatory bodies. Employers may be held liable for damages resulting from workplace violence incidents that could have been prevented through proper adherence to the bill’s requirements.
3. Revocation of Permits or Licenses
   In extreme cases, regulatory authorities may be able to revoke permits or licenses held by non-compliant employers. This can severely affect businesses, impacting their ability to operate legally.

California Senate Bill SB 553 underscores the importance of prioritizing workplace safety through effective violence prevention plans. Employers and employees alike play a pivotal role in creating a secure work environment and understanding the provisions of SB 553 is key to achieving this goal. By embracing the principles laid out in the bill and acknowledging the potential penalties for non-compliance, workplaces can foster a safety culture, ultimately benefiting everyone within the organization.

Improperly Hostile employee terminations may put your company and employees at risk. It is important that human resources professional become aware of any precursors or signs that an employee may pose a risk and determine what workplace safety protocols you should have in place. Three quarters of all workplace related acts of violence have occurred during or after the firing process.

For every workplace shooting that receives coverage from the media, there are hundreds of violent encounters that never make the news. Proactive employee education and judicious intervention with disgruntled employees will help avoid violence and maintain a safe and healthy workplace. When trained by our protection professionals in accordance with our arduous standards, employees gain the tactics necessary to detect, assess, and make the split-second decisions that can literally save lives and mitigate violence in the workplace.

Whether you are evaluating an employee’s risk of violence, or you fear a hostile termination may incite violence, having trained plain clothes and uniformed security to provide workplace protection and hostile termination protection is a smart precaution. After a full assessment and consultation, MPS Security institutes a multifaceted approach involving a covert and overt security presence before, during, and after the employee termination. Our agents are trained to prevent problems before they happen or, if they need to, take action to keep your employees safe and secure.

Warning Signs of Potentially Violent Employees

Hostile Employee Terminations is never a comfortable event as you can never truly predict how someone will react. When dealing with troubled and potentially violent employees, take special precautions, particularly if you suspect that things could turn violent.

Long before a situation reaches a termination level, take steps to address the potentially violent employee. These start with best hiring practices and a widely promoted and well-enforced policy of zero-tolerance for violence.

Managers should be aware of red flags that may indicate a propensity to violence.

Some of these include:

• Signs of stress, depression, or suicidal ideation
• A major life problem, such as divorce or legal problems
• A history of problems with past jobs and and/or personal relationships
• A chronic inability to get along with fellow employees
• Mood swings and anger control issues
• Expressions of paranoia or persecution
• An inability to get beyond minor setbacks or disputes at work
• A sudden deterioration in work habits or personal grooming
• A fascination with guns, weapons or violent events

Best Practices When Firing a Potentially Violent Employee

• Consider a professional risk management assessment
• Consider using a neutral manager or outside security consultant to carry out the termination
• Any manager or supervisor that has received threats should not conduct the termination
• Have security nearby – not in the same office, but close enough to hear signs of a problem and to act
• Consider a plain-clothed security or undercover security agent to minimize attention
• Wait until the end of the workday to terminate
• Minimize any reasons why the employee would have to revisit the workplace (collect belongings; pick up last check, etc.)
• Be brief and respectful but get straight to the point; avoid getting into a back and forth
• Emphasize any severance benefits and outsourcing help that may be available
• Do not allow a break; a bathroom break could be used to retrieve weapons

It is important to take great care when terminating a hostile employee, particularly when threats have already been made. Take the right steps and keep you, your workforce and your brand safe. A human resources professional may wish to have a trained investigative staff assist with all hostile employee terminations. Here at MPS Security, we are experienced in hostile employee termination assistance and can provide you with professional and discreet surveillance on the terminated employee to document their whereabouts as well as their behaviors post termination. This will offer not only protection for your employees but peace of mind for the human resources director. The key to any hostile termination case is reducing the risk of preventable danger.

Headlines like this appear all too often, and whether the violence takes place on campus or at a work site, the similarities are real.

That statistic does NOT include men and LGTB deaths due to domestic violence. The numbers suggest a death rate that is almost three times that of two wars, yet domestic violence remains an uncomfortable subject. Domestic violence is a topic that is easy for people to sweep under the rug thinking that it only happens behind closed doors and outside the hours of 9:00 am to 5:00 pm. That thinking is flawed and dangerous. Domestic violence can and will happen in the workplace. More importantly, it is becoming more prevalent every day.

Why?
When a victim leaves an abusive partner or husband, where is the one place the perpetrator can count on finding the victim?

Work!
When a victim leaves an abusive situation, the abuser feels a loss of control and their behavior may heighten into another realm – that of stalking – and many times they will show up at the victim’s work. Sixty-one percent of female victims and 44% of male victims of stalking are stalked by a current of former intimate partner.1 Even worse, intimate partner stalkers frequently approach their targets, and their behaviors escalate quickly.2 Eighty-one percent of women stalked by a current or former intimate partner are also physically assaulted by that partner.3 Conjecture? No, those are the facts.

A quick Google search reveals even more commonality as page after page reveals the tragic stories of the ruined lives and concrete angels. With over one-third of women facing domestic violence at some point in their lifetime, the possibility of dealing with violence in the workplace becomes more probable rather than possible. It is a problem that is not only relevant to women. Two in five gay or bisexual men will experience intimate partner violence in their lifetimes.

The significant impact of domestic violence in the workplace shows up in many different ways. Among them, compromised safety in the organization, increased threat of violence, increased healthcare costs, employee turnover and recruiting costs, productivity loss and work stoppage due to disruptive incidents. The Centers for Disease Control and Prevention estimates that the annual cost of lost productivity due to domestic violence equals $727.8 million, with more than $7.9 million paid workdays lost each year. The devastating economic effect is quite clear.

Employers can’t stop domestic violence from happening in the workplace but they can help by advocating for domestic violence and proactively preparing their Human Resources Department and management teams to deal with it properly. Leadership sets the tone for successful management of the issue. The first step is to understand the gravity of the problem. Leadership sets the tone for success when they are fully supportive and ensure that key people are properly trained and implement a domestic violence in the workplace policy.

• Feature a speaker on domestic violence to create awareness.
• Put up signs in restrooms where victims can turn for help.
• Make sure your HR teams attend workshops for specific training in domestic violence in the workplace.
• Be familiar with local community resources.
• If you suspect an employee of being a victim of domestic violence, do NOT directly confront them. It is important for the individual to self-disclose for her/his safety and well-being. There are a plethora of resources to help you learn how to talk to someone you believe is a victim of domestic violence. Learn before leaping.
• Create a relationship with a professional organization that can help you with situational assessments as they arise.
• If you are a victim of or suspect that one of your employees is dealing with domestic violence, immediate assistance is available at the National Domestic Violence Hotline or by calling 1-800-799-7233 (SAFE).

It is critical to care for the safety and welfare of your employees and it is a legal obligation to do so. MPS Security can help by providing plain-clothes, undercover officers, controlling access to the building, monitoring the grounds and providing 24-hour security patrols in addition to conducting investigations and vulnerability assessments. Please call 1-866-624-8050 or contact us to find out how we can help you create a safe and secure workplace environment.

Michael Julian is the President/CEO of National Business Investigations, Inc. and MPS Security. As a 2nd generation PI and Security Professional with three decades in the private investigative and security industries, Mr. Julian served as President of the California Association of Licensed Investigators, lobbies California legislators on behalf of the private investigation industry and teaches classes on Starting and Building a PI Business, Surveillance, Personal Locates, Executive Protection, and Business and Ethics in both Investigations and Security industries nationally. Mr. Julian created and now teaches ALIVE: 5 Steps to Active Shooter Survival course, throughout the US. He can be reached at mjulian@investigations-nbi.com and please visit www.Investigations-NBI.com or www.Security-MPS.com