Is My California Business Exempt From SB 553?

Question 2 of 3

Is your worksite closed to the public?

“Accessible to the public” is not defined in the statute. Cal/OSHA’s enforcement posture, as described by employment attorneys tracking these cases, is clear.

On the Ogletree Deakins podcast discussing SB 553 exemptions, employment attorney Robert Rodriguez used his own law office as the clean example of “not accessible to the public” — badge-in only, no walk-ins. Most small businesses do not operate that way.

• →Closed to the public and all non-employee visitors? Continue to Question 3.
• ✕Customers, clients, patients, or walk-in deliveries? You must comply with SB 553.

Even If You Qualify, You Have to Prove It

This is the part most California owners do not know.

When a Cal/OSHA inspector asks for your Workplace Violence Prevention Plan, you cannot simply say “I’m exempt.” On the Ogletree Deakins podcast, employment attorney Robert Rodriguez described the typical inspector response: the inspector issues the citation anyway, and the employer raises the exemption as an affirmative defense on appeal, before an administrative law judge, at preponderance of the evidence.

In plain English: if you want to rely on the exemption, you have to document all three prongs now — headcount records, visitor access controls, current IIPP — and be ready to prove them on appeal. You do not get to argue them at the doorstep.

Rodriguez and attorney Karen Tynan both said on the podcast that, between them, neither has had a California client successfully claim the small-employer exemption. The exemption exists. It rarely works.

Frequently asked questions

Does the small-employer exemption apply if I have fewer than 10 employees?

Not automatically. The exemption requires all three prongs to be true: fewer than 10 employees at the worksite (not per shift — total headcount on payroll), the worksite is not accessible to the public, and the employer is current on its Injury and Illness Prevention Program. Most small businesses fail on the public-access prong.

What does "accessible to the public" mean under SB 553?

Cal/OSHA's enforcement posture, as described by employment attorneys tracking these cases, treats any business where customers, patients, clients, vendors, or delivery drivers enter without a badge or explicit admission as accessible to the public (a term Cal/OSHA has not formally defined; see the attorney commentary linked on this page for enforcement examples). Restaurants, retail stores, salons, clinics, dental offices, and gyms are all accessible to the public regardless of headcount.

If I think I qualify for the exemption, what do I need to document?

You must document all three prongs now — headcount records establishing fewer than 10 employees at the worksite, evidence that the premises are behind controlled access at all times, and a current Injury and Illness Prevention Program. If a Cal/OSHA inspector cites you, the exemption is an affirmative defense raised on appeal, not something you can assert at the doorstep.

Do remote employees count toward the 10-employee threshold?

The exemption test is worksite-by-worksite. Employees who work remotely from locations not controlled by the employer are generally excluded from SB 553 coverage for that remote work. However, a hybrid employee who spends any time at an employer-controlled location must be counted at that location for the headcount test.

Are healthcare businesses covered by SB 553?

Hospitals, psychiatric facilities, and similar clinical facilities are covered by 8 CCR Section 3342, a separate and more robust standard — not SB 553. Healthcare businesses that are not facilities in the regulatory sense (medical billing offices, healthcare software vendors, and similar) are typically subject to SB 553 in full.