SB 428: Expanding California’s Workplace Violence Restraining Order Law to Protect Against Harassment

Author, Jadyn Brandt, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

A new California law expands the state’s protections around workplace violence restraining orders.

Beginning January 1, 2025, employers were given the right to seek a temporary restraining order on behalf of an employee who has suffered harassment in the workplace. California State Senate Bill 428 (SB 428) was authored by Senator Catherine Blakespear and signed into law by Governor Gavin Newsom.

Existing state law allows employers to seek a temporary restraining order against a person who has perpetrated acts of violence in the workplace or has made credible threats of workplace violence. SB 428 expands those protections to allow employers to seek a temporary restraining order against a person who has harassed their employee(s), before harassment escalates to violence or threats of violence.

Individuals can also seek a restraining order against harassment for themselves.

The text of the bill defines harassment as, “a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.”

If an employer does request a temporary restraining order, and that order is granted by a judge, SB 428 states that the order will remain in effect for up to 21 days.

If the perpetrator of the harassment—otherwise known as the “respondent”—is also an employee of the same company that is requesting the temporary restraining order, a hearing will be held, “concerning the employers’ decision to retain, terminate, or otherwise discipline the respondent.”

If the respondent is determined to have been engaged in unlawful harassment, a restraining order may be issued with a duration of up to three years and the employer can request a renewal, “any time within the three months before the expiration of the order.”

However, the law does not allow employers to seek temporary restraining orders for any behavior or speech that is “constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.”

Rancho Mesa has a number of resources that can help protect your company and employees from workplace violence. Harassment prevention training, workplace violence training, and workplace violence policies can be found on the RM365 HRAdvantage™ portal.

US Bureau of Labor Statistics Updates Fatal Work Injuries Data

Author, Jadyn Brandt, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

The U.S. Bureau of Labor Statistics has released their Census of Fatal Occupational Injuries Summary for 2023. This data highlights important safety trends across multiple industries and demographics, and can be helpful in determining what areas an employer should look to emphasize in their safety program.

According to the report, a total of 5,283 fatal work injuries were recorded in the United States in 2023; a 3.7% decrease from 2022. The report shared several key findings, which include:

• 1,942 occupational fatalities—or 36.8% of all deaths—were caused by transportation incidents.

• 740 fatalities were caused by violent acts, with the majority resulting from homicides.

• Opioids were found to be the source of 162 fatalities, and a contributor in an additional 144 drug-related fatalities.

Additionally, the report breaks down the annual fatalities by occupation and industry.

Since 2011, the construction industry has recorded the highest annual number of fatalities among all industry sectors and 2023 was no different. 1,075 construction deaths occurred in 2023. Slips, trips and falls were the most common types of fatalities, accounting for 39.2 percent (421) of all construction fatalities, followed by transportation incidents which accounted for 22.3 percent (240) of fatalities.

Source: U.S. Bureau of Labor Statistics

Human services organizations recorded significantly less workplace fatalities than the construction industry. However, the total number of fatalities within these types of human services organizations didn’t change from 2022 to 2023 with a total of 178 fatalities occurring in both years. Transportation incidents accounted for 37.6 percent (67) of fatalities within human services organizations, while violent acts were 16.3 percent (29) and falls, slips and trips were 13.5 percent (24) of fatalities.

Administrative and waste management and remediation services saw a total of 484 fatalities in 2023. Within that sector, the landscaping and grounds keeping occupation had the most fatalities (102), followed by tree trimmers and pruners (80). The report lists trees, logs, and limbs as the primary source of these deaths.

The risk of occupational fatalities can be mitigated through proper safety training and preparation. Rancho Mesa has a variety of training tools available for use across multiple industries which can be accessed through the SafetyOne™ platform, including driver training, slip, trip and fall safety, fall protection and workplace violence prevention training.

For more information about all the safety tools Rancho Mesa has to offer, contact your Client Technology Coordinator.

Resources and Tools for Completing Your Workplace Violence Prevention Plan

Author, Megan Lockhart, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

As July 1st quickly approaches, California businesses are working hard to prepare their Workplace Violence Prevention plans before the deadline. In our aim to serve the needs of our clients, Rancho Mesa has outlined resources we offer to supplement your specific company’s training and plan.

The SafetyOne™ platform and the RM365 HRAdvantage™ portal has the online training topics and recordkeeping tools available for workplace violence prevention.

HR Portal Course

• Preventing Workplace Violence Training for Employees

SafetyOne Courses

• Active Shooter: Surviving an Attack

• Workplace Security

• Workplace Violence

• Workplace Violence in Construction Environments

• Workplace Violence in Food Processing and Handling Environments

• Workplace Violence in Healthcare Facilities

• Workplace Violence in Office Environments

Clients can utilize SafetyOne’s incident report forms or create their own custom forms to collect workplace violence incident data on the job. The information collected in these forms are stored in the SafetyOne administrator website. Forms such as Accident Investigation, Incident Investigation, Incident Witness Statement, and Witness Statement can support clients’ Workplace Violence Prevention plan.

Online training can be used as a tool towards creating a complete Workplace Violence Prevention Plan. However, employers must also train their employees on the specific hazards of their company’s location, and address these in their written Workplace Violence Prevention Plan.

For questions regarding accessing Rancho Mesa resources, clients can contact their client technology coordinator.

Advances in Active Shooter Coverage Leads to More Protections Against Broader Violent Events

The need for insurance to cover workplace violence is at an all-time high. Traditionally, this type of insurance policy has been referred to as Active Shooter Coverage in response to situations involving mass shootings. As its name implies, the overage responded only to active shooter scenarios. They did not cover other types of workplace violence that can occur. As unique acts of violence occur, coverage continues to change to cover a broader spectrum of events.

Active Violence Coverage offers protection when an event may or may not involve a shooter. One important development in this new coverage is that it also responses to threats of violence. A heated interaction, though no physical harm occurred, could still be damaging to those involved and have the potential to develop into something larger over time. This type of coverage will cover the costs for hired security, grief counseling and mediation, coverage of employee salaries for lost time, business interruption costs and security consultants.

This subtle change in coverage can make a significant difference to the safety and well being of the people in your organization.

To learn more about Active Violence Coverage for your organization, contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

Workplace Violence Insurance Surges in Aftermath of Shootings

Author, Sam Brown, Vice President, Human Services Group, Rancho Mesa Insurance Services, Inc.

In response to the hundreds of mass shootings taking place each year, the insurance marketplace has produced new workplace violence products to help employers and employees recover from a crisis.

U.S. employers have an obligation for duty of care for the safety, health, and security of employees (see Occupational Safety and Health Administration (OSHA) Act of 1970). Duty of care requires protection against workplace violence hazards.

Number of Mass Shooting in United States
^{A mass shooting is an attack resulting in 4 or more.}

Year	# of Incidents
2017	327
2016	385
2015	333

It is the employer's obligation to protect its employees from violence. Homeland Security defines an active shooter as “an individual actively engaged in killing or attempting to kill people in a confined and populated area.” While OSHA describes workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” What is your organization doing to protect its people from these types of events?

Over the last three years, the United States recorded an average of 348 mass shootings per year.

Virginia Tech Mass Shooting Costs

Description	Cost
Support for survivors and families of victims	$2.7 million
Cleanup, renovations, and other facility changes	$6.4 million
Settlement payments and other legal costs	$4.8 million

Costs to Consider

As victims, families, and co-workers struggle to heal after losing friends and loved ones, the costs continue to mount.

Aside from treating survivors, consider some of the costs from the Virginia Tech University shooting: survivor support, cleanup, renovations, facility changes, settlement payouts and legal costs.

How would your organization absorb the cost of such an event?

Workplace Violence Policy Coverage

In addition to providing a consultant to guide businesses through an emergency event, a covered event will trigger legal liability coverage to address legal expenses. These expenses may be related to the following:

• Business interruption expense
• Defense and indemnity expenses
• Public relations counsel
• Psychiatric care
• Medical or dental care
• Employee counseling
• Temporary security measures
• Rehabilitation expenses
• Limits start at $1,000,000 with $0 deductible

Among other underwriting considerations, when pricing workplace violence policies, carriers factor in operations like exchanging money with the public, working with volatile or unstable people, providing services and care to the public, and working where alcohol is served. Take a look at your organization's operations to see if there is a risk.

Please contact Rancho Mesa Insurance Services to discuss whether this insurance is right for your organization. 

Information sourced from McGowan Program Administrators.

Surviving an Active Shooter Event: Recognize, React and Prevent Workplace Violence

Author, Sam Brown, Vice President of Human Services Group, Rancho Mesa Insurance Services, Inc.

In the ongoing effort to keep employees safe from workplace violence, it is very important to train workers how to recognize, react to and prevent active shooter events.  In most cases, simply having a plan can mean the difference between life and death.

PLAN FORMATION

When forming a workplace violence emergency plan, try to answer the following questions:

• How will first observers/responders communicate the threat and to whom?
• How will the threat be communicated to everyone in the facility? Through code words?
• Should the facility be locked down or evacuated?
• Has your security been trained in providing guidance to employees for this type of emergency?
• If your site does not have security, are your workers trained for this type of emergency? Do they know who to call if something happens?
• Do you have site-specific emergency plans in place?
• Do you have the capability to lock down your buildings remotely or deactivate card readers?

PREVENTION

Preventing workplace violence is your first line of defense.  Try the following tips to defuse a situation:

• Don't pick fights. Loud and aggressive arguments can easily escalate into physical fights.
• Take verbal threats seriously. Do not aggravate the situation with a threatening response. Report all threats to your supervisor or the company's security department.
• Report any suspicious person or vehicle to security personnel, especially at night. The suspect could be casing the place for a break-in. Or, the person could be stalking an ex-spouse who works with you.
• Also, watch for unauthorized visitors who appear to have legitimate business at your plant. Crimes have been committed by people posing as employees, contractors and repair persons.
• Observe your company's rules prohibiting drugs and alcohol at work. Many violent incidents at work can be traced to the use of these substances.
• Be aware of the neighborhood in which you work and the areas you drive through on your commute. Gang activity and other violence does not always stop at the gate to your plant. Keep to well-traveled and well-lighted areas as you drive to and from work.
• If you drive on the job, don't pick up hitch-hikers. The most important reason for this rule is your personal safety.
• Keep your keys in a secure place so they cannot be stolen or copied. Notify plant security if you have lost your key to the premises.
• Learn how to contact help in an emergency. Speed-dialing numbers should be programmed into phones and emergency numbers should be listed at each phone.
• Some workplaces also have pre-determined code words so one employee can tell another about a dangerous customer or visitor without tipping off the suspect. Learn the distress signals used in your workplace.
• Follow lockup procedures. Wear your identification badge as you are instructed. Never lend your key or entry card to anyone. Keep your entry password a secret by memorizing it instead of writing it down.

TIPS TO SURVIVING A WORKPLACE SHOOTING

RUN: First and foremost, try to escape. 

• If there is an escape path, attempt to evacuate.  
• Evacuate whether others agree to or not.  
• Leave your belongings behind.  
• Help others escape if possible.
• Prevent others from entering the area.  
• Call 911 when you are safe.

HIDE: If you cannot escape safely, find a place to hide.

• Lock and/or blockade the door.
• Silence your mobile phone.
• Hide behind large objects.
• Remain very quiet.

The hiding place should:

• Be out of the shooter’s view.
• Provide protection if shots are fired in your direction.
• Not trap or restrict your options for movement.

FIGHT: As a last resort, if your life is at risk, act with aggression.

• Attempt to incapacitate the shooter.
• Act with physical aggression.
• Improvise weapons.
• Commit to your actions.

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) also offers Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers to help employers prevent such incidents.

For additional resources on Workplace Violence and Active Shooter Preparedness, visit the Rancho Mesa Risk Management Center or contact us at (619) 937-0164.