One Silicon Valley politician called for stricter restrictions to safeguard workers after tragedy and a lack of workplace safety precautions.
This summer, state senator Dave Cortese’s measure, Senate Measure 553, which addresses workplace violence and occupational safety, went into force. Preventing violent situations like the 2021 VTA shooting by an unstable transit employee is the main goal of the measure. Around 25% of the workforce has received training since VTA started educating staff members about its workplace violence prevention plan in mid-July. On behalf of workers, union officials can also request restraining orders against violent individuals under the new law. The previous law exclusively granted authority to corporation management.
“VTA employees at every level of the agency have heightened awareness of the importance of workplace health and safety, and the ongoing efforts being made to ensure VTA is safe for employees and passengers alike,” spokesperson Stacey Hendler Ross told San José Spotlight.
The VTA plan outlines the procedure for how management handles reports of workplace violence and threats of violence, as well as who employees should notify in such cases. Additionally, management must maintain documentation of violent incidents and investigations for a minimum of five years and provide it to staff members upon request.
After Newsom passed his prior bill to establish employee wellness centers at transit agencies around the state, Cortese said his office wrote the one addressing workplace violence prevention.
The bill was modeled after a wellness center opened by VTA that provides treatment for employees and families affected by the 2021 shooting.
“There are seven major items that are supposed to be included in the workplace violence prevention plan — and virtually none of those measures had been in place at the VTA ( at the time of the shooting),” Cortese told San José Spotlight. “The VTA wasn’t particularly negligent or anything like that, we’d be saying the same thing had the shooting occurred at any other building, but nobody was doing this kind of prevention work at the time.”
Representative Cortese, who covers a sizable chunk of Santa Clara County, including the shooting scene, called his bill “possibly the most contentious bill I’ve introduced since being elected in 2020.” At first, some business groups were put off by false information that said the bill would stop workers from confronting shoplifters. To limit the bill’s reach, Cortese eliminated the shoplifting clause.
Longtime transportation agency employee and SEIU 521 chairwoman for the VTA local, Tammy Dhanota, called the workplace violence prevention strategy a positive step. According to her, workers are eager to see comprehensive and open investigations into violent crimes.
“Workers never want to feel like they don’t have enough information,” Dhanota told San José Spotlight. “So we want them to have that transparency on any incidents of violence against workers, and to ensure justice so future tragedies can be prevented.”
She also praised the new law for allowing union leaders to file restraining orders on behalf of employees, saying that sharing this responsibility with transit officials amid the recent tragedy is strengthening the relationships between labor organizations and VTA.
“It got us to a point where we’re having the right conversations and we’re ensuring that people feel safe,” Dhanota told San José Spotlight.
Hendler Ross said VTA worked with a consultant in collaboration with union leaders for the past two years on “work-streams” to improve communication and respond to requests from employees on health and safety.
“These work-streams have resulted, so far, in supportive outcomes such as improved workplace facilities, increased security initiatives at VTA bus and light rail yards, and more positive working relationships between union leaders and VTA management,” she told San José Spotlight.
Dhanota said she can’t imagine working at VTA without both of Cortese’s bills to address workplace violence.
“In the past, the relationship was more adversarial. Now this opens the doors to all communication, and not just with union leaders, but all members and even workers that are not represented,” she told San José Spotlight. “Every time I can think of when a worker came to me for help, all they want to know is, ‘What are my options?’ They want to know all their options, and having another venue to do that to ensure their safety, whether emotionally or physically, I think that’s a great thing.”
