YouTube Shootings and Workplace Violence in California

• Apr 10, 2018
• Blog
• Michael Burgis & Associates, P.C

In today’s workplace, ensuring the safety and well-being of employees is paramount. Workplace violence, once considered a rare occurrence, has become an increasingly pressing concern for employers across various industries. According to the California Division of Occupational Safety and Health (Cal/OSHA), employers in California must provide safe work environments that are free of known hazards. They are responsible for the health and safety of employees and must prevent workplace injuries. However, the prevalence of violence in workplaces is raising concerns because it is becoming exceedingly challenging to protect employees from harm. This was underscored by the tragic shooting at the YouTube offices in Northern California on April 3, 2018.

The urgency of addressing workplace violence led to the enactment of Senate Bill 553 (SB 553) on September 30, 2023, which became effective on July 1, 2024. This landmark legislation mandates that most California employers establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). This blog post provides a comprehensive guide to understanding and complying with these regulations, offering practical advice for employers and employees alike. We will explore the historical context, detail the WVPP requirements, and provide actionable steps for implementation, ensuring your workplace is safe and compliant in 2025.

Historical Context: The Catalyst for Change

The issue of workplace violence gained significant attention following the tragic shooting at the YouTube offices in Northern California. On April 3, 2018, a YouTube video producer entered the building and randomly fired her weapon. After injuring three employees, she turned the gun on herself and committed suicide. This incident highlighted the vulnerability of workplaces to violent acts, even in seemingly secure environments.

Cal/OSHA started working on plans to regulate workplace violence even before this incident. The agency was working on guidelines to protect workers not only from internal violent incidents but also from violent attacks by outsiders. Initially, these efforts focused on high-risk industries like healthcare, where workers face frequent exposure to violence. However, the YouTube shooting underscored that the threat extends across all sectors, necessitating broader protections.

Safety authorities noted that the process to get new regulations finalized is complicated and time-consuming. While initial plans arose from the violence to which healthcare workers are exposed, it became clear that the same threat exists across all industries. The plans included active shooter training and self-defense, with the primary rule being to run and hide when confronted by a gun-wielding intruder, with confrontation as a last resort.

The passage of SB 553 in 2023 marked a significant milestone, codifying comprehensive workplace violence prevention requirements for nearly all California employers. As of now, these regulations have been in effect for over a year, and compliance is critical.

Understanding Workplace Violence

Workplace violence is defined as any act of violence, threats, intimidation, harassment, or other disruptive behavior that causes fear for personal safety at the worksite. This includes:

• Physical Assaults: Such as the 2018 YouTube shooting, where physical harm was inflicted.
• Threats and Intimidation: Verbal or written threats that create a hostile environment.
• Harassment: Persistent behavior that causes fear or discomfort.
• Property Damage: Acts that damage workplace property contribute to an unsafe environment.

Statistics highlight the severity of the issue. According to the Bureau of Justice Statistics, from 2015 to 2019, approximately 1.3 million nonfatal violent crimes occurred annually in U.S. workplaces. In California alone, 57 employees died from workplace violence in 2021, underscoring the need for robust prevention measures.

Workplace Violence Prevention Plan (WVPP) Requirements

As of July 1, 2024, California Labor Code section 6401.9, enacted through SB 553, requires most employers to establish, implement, and maintain a written WVPP. The plan can be integrated into an existing Injury and Illness Prevention Program (IIPP) or maintained as a separate document. The WVPP must include the following elements:

Requirement	Details
Responsible Individuals	Identify names or job titles of those responsible for implementing the WVPP.
Employee Involvement	Involve employees and their representatives in developing and implementing the plan.
Coordination with Other Employers	Outline coordination efforts if multiple employers operate at the same worksite.
Compliance Procedures	Establish procedures to ensure all employees, including managers, comply with the WVPP.
Communication and Training	Include methods for communicating with employees about workplace violence and training them on the WVPP.
Hazard Identification and Correction	Regularly identify, evaluate, and correct workplace violence hazards through inspections and employee input.
Response Procedures	Detail how to accept and respond to reports of workplace violence without fear of reprisal and investigate incidents.
Post-Incident Response	Include procedures for responding to and investigating violent incidents.
Plan Review and Revision	Review and revise the WVPP as necessary to ensure its effectiveness.
Additional Procedures	Comply with any additional requirements set by Cal/OSHA and the Occupational Safety and Health Standards Board (OSHSB).

Who Must Comply?

The WVPP requirements apply to nearly all California employers, with limited exceptions:

• Healthcare Facilities: Those covered by existing regulations under California Code of Regulations, title 8, section 3342.
• Small Private Workplaces: Places with fewer than 10 employees that are not accessible to the public.
• Telecommuting Employees: Those working from a location of their choosing, not under the employer’s control.

Ongoing Regulatory Developments

Cal/OSHA is developing a comprehensive workplace violence prevention standard, with a proposed regulation due by December 31, 2025, and adoption by December 31, 2026. Recent updates, such as the May 13, 2025, draft, removed a prohibition on requiring employees to confront suspected criminals, replacing it with anti-retaliation protections for self-defense actions. Employers should stay informed about these evolving standards.

Implementing a WVPP: Practical Steps for Employers

To comply with SB 553, employers should follow these steps to develop and implement an effective WVPP:

1. Assess Workplace Risks:

• Conduct a thorough risk assessment to identify potential violence hazards, such as high-risk areas or interactions with the public.
• Consider both internal (e.g., employee disputes) and external (e.g., customer interactions) threats.

2. Develop the Plan:

• Use Cal/OSHA’s Model Workplace Violence Prevention Plan as a template.
• Ensure the plan addresses specific hazards for each work area and operation.

3. Train Employees:

• Provide initial training when the WVPP is implemented and annual training thereafter.
• Cover topics like hazard identification, reporting procedures, and emergency response protocols (e.g., run, hide, fight).

4. Conduct Regular Inspections:

• Perform periodic workplace inspections to identify and correct violence hazards.
• Involve employees to ensure comprehensive coverage.

5. Establish Response Procedures:

• Create clear protocols for reporting and responding to workplace violence incidents.
• Ensure employees can report incidents without fear of reprisal.

6. Review and Update the Plan:

• Regularly review the WVPP to incorporate new hazards or regulatory changes.
• Update training materials to reflect these revisions.

Record-Keeping and Reporting Obligations

Employers must maintain detailed records to demonstrate compliance with Cal/OSHA regulations:

Record Type	Retention Period
Hazard Identification, Evaluation, and Correction	5 years
Training Records	1 year
Violence Incident Logs	5 years
Incident Investigations	5 years
Cal/OSHA Form 300 (Injury and Illness Log)	5 years

• Access: Records must be available to employees and their representatives within 15 days of a request and to Cal/OSHA upon request.
• Reporting: Serious injuries or fatalities from workplace violence must be reported to Cal/OSHA within 8 hours, per title 8, section 342(a).

Legal Recourse for Victims

It is time for all workers in California to accept the fact that they are at risk of being victims of violence, regardless of the industry in which they are employed. Fortunately, as with any other workplace injury, victims of violence will typically be entitled to workers’ compensation benefits. These benefits may cover medical expenses, lost wages, and rehabilitation costs. If injuries were caused by an outsider, there might be grounds to pursue additional compensation through the civil justice system, such as third-party liability claims.

For example, in cases like the YouTube shooting, victims or their families may explore civil lawsuits against responsible parties, depending on the circumstances. Consulting with a legal expert, such as those at Burgis Law, can help determine the best course of action.

Best Practices for Workplace Violence Prevention

To enhance workplace safety, employers should adopt the following best practices:

• Active Shooter Training: Train employees on the “run, hide, fight” protocol, emphasizing evasion as the primary response.
• Clear Communication Channels: Establish anonymous reporting systems to encourage employees to report threats without fear.
• Regular Safety Audits: Conduct frequent audits to identify and mitigate potential risks.
• Employee Support Programs: Offer counseling or support services to address workplace stress or conflicts that could escalate.
• Collaboration with Legal Experts: Work with attorneys to ensure compliance with SB 553 and address any legal implications of workplace violence incidents.

Frequently Asked Questions (FAQs)

What constitutes workplace violence?

Workplace violence includes any act of violence, threats, intimidation, harassment, or disruptive behavior that causes fear for personal safety at the worksite. Examples include physical assaults, verbal threats, or property damage.

Who needs to have a WVPP?

Most California employers must have a WVPP, except for healthcare facilities covered by existing regulations, workplaces with fewer than 10 employees not accessible to the public, and telecommuting employees working from uncontrolled locations.

How often must employees be trained on the WVPP?

Employees must receive initial training when the WVPP is implemented and annual training thereafter, covering hazard identification, reporting, and emergency response.

What should be included in the Violence Incident Log?

The log must record every workplace violence incident, including the date, time, location, nature of the incident, response taken, and follow-up actions.

Can the WVPP be part of the existing IIPP?

Yes, the WVPP can be integrated into the Injury and Illness Prevention Program (IIPP) or maintained as a separate document.

What are the penalties for non-compliance with SB 553?

Non-compliance can result in significant fines and legal action from Cal/OSHA. Employers may also face increased liability in the event of a workplace violence incident.

How can employers develop an effective WVPP?

Employers can use Cal/OSHA’s Model Workplace Violence Prevention Plan and consult with legal experts to ensure compliance with all requirements.

What legal options are available for victims of workplace violence?

Victims may be entitled to workers’ compensation benefits for medical expenses and lost wages. If the incident involves an outsider, additional compensation may be pursued through civil lawsuits.

Conclusion

California’s workplace violence prevention regulations, strengthened by SB 553, represent a critical step toward ensuring employee safety across all industries. By implementing a comprehensive WVPP, conducting regular training, and maintaining detailed records, employers can protect their workforce and comply with legal requirements. The 2018 YouTube shooting and ongoing statistics, such as the 57 workplace violence deaths in California in 2021, underscore the importance of these measures.

For employers seeking to develop or review their WVPP or for employees needing guidance on their rights, Burgis Law offers expert legal support. Contact us today to ensure your workplace is safe, compliant, and prepared for any challenges.

Don’t wait to protect your workplace. Review your Workplace Violence Prevention Plan or seek legal advice to ensure compliance with California’s regulations. Visit Burgis Law to connect with our experienced team and safeguard your business and employees.