California Senate Bill 428 (SB 428) is a significant legislative measure designed to address the critical issue of workplace violence, which has become increasingly prominent in various industries. Signed into law on September 30, 2023, and just going into effect on January 1 of this year, SB 428 enhances employers’ ability to address situations that could lead to incidents of violence proactively. In accordance with the law’s expansion of Section 527.8 of the California Code of Civil Procedure, employers can now seek restraining orders against individuals who harass their employees, even if those individuals have not made direct threats of violence. SB 428 emphasizes California’s commitment to combat workplace violence, equipping employers with new tools to protect employees from potential threats and setting the stage for similar actions in other states.

What SB 428 Does

SB 428 enhances California laws that previously allowed employers to obtain temporary restraining orders (TROs) only in cases involving actual violence or credible threats of violence. With the enactment of SB 428, the scope has broadened to include harassment. The law defines harassment as actions such as persistent unwanted contact, stalking, or any behavior that seriously alarms, annoys, or harasses employees, causing significant emotional distress. By addressing harassment proactively, SB 428 empowers employers to intervene before these situations escalate into physical violence.

SB 428’s Role in Enhancing Workplace Safety

According to the Occupational Safety and Health Administration (OSHA), approximately 2 million workers report being victims of workplace violence annually, and harassment can often precede more severe incidents. The National Institute for Occupational Safety and Health (NIOSH) notes that individuals who experience harassment are at a higher risk of psychological and physical harm, with approximately 25% of harassment cases escalating to violence, according to a 2019 report by the Equal Employment Opportunity Commission (EEOC). This underscores the importance of addressing harassment early to reduce these risks. By enabling employers to tackle harassment promptly, SB 428 is a crucial tool for mitigating potential dangers.

Leveraging Technology for Workplace Safety

While we understand every employer certainly hopes they never need to take action like this on an employee’s behalf, the reality is that it happens at an alarmingly frequent rate. Taking proactive measures now by deploying advanced safety solutions can not only help with acquiring a TRO should you need it but could also help improve your organization’s security overall.

Mobile Safety Apps: A Holistic Solution

To utilize the protections provided by SB 428, employers provide thorough evidence that substantiates any claims of harassment or threats. Technology like mobile safety apps can play a vital role in documenting incidents and ensuring that affected employees feel safe while awaiting a protective order.

Key features:

• Anonymous Reporting: Employees can submit anonymous tips about harassment or threats, creating a documented trail of incidents that can be used as evidence when seeking a TRO.
• Safety Timers: These allow employees to set scheduled check-ins. If they fail to check in at the set time, alerts are automatically sent to security, ensuring swift intervention if necessary. This is especially helpful for situations of in-person harassment or stalking that could escalate to physical violence.
• Panic Buttons: Employees facing immediate danger can activate a panic button, triggering a real-time alert to security personnel or law enforcement for rapid response.
• Mass Notifications: Employers can issue alerts about suspicious individuals or potential threats, allowing employees to remain vigilant and report sightings.

Looking Ahead

To effectively combat workplace violence, both legislative bodies and employers must take action to address not only physical violence but also verbal and emotional abuse and the incidents that can lead to physical confrontations. California’s SB 428 exemplifies this approach and sets a standard for other states. By adopting a zero-tolerance policy and proactively implementing advanced safety technologies, employers can create safer and more productive workplaces where employees feel secure.

Want to learn more about how solutions like 911Cellular’s mobile safety apps, panic buttons and emergency alert systems can transform your workplace? Schedule a demo with one of our safety experts.

Tags: Workplace violence Workplace safety Mobile safety app