Workplace Violence Prevention Under California Law

On September 30, 2023, California Gov. Gavin Newson signed Senate Bill 553, establishing California Labor Code §6401.9. This Labor Code section went into effect on July 1, 2024.

Cal/OSHA is developing a workplace violence prevention standard to meet the requirements of California Labor Code §6401.9. Once complete, Cal/OSHA will submit it to the Occupational Safety and Health Standards Board (OSHSB) no later than December 31, 2025. In turn, OSHSB is required to adopt the standard no later than December 31, 2026.

In the meantime, Cal/OSHA has created the Cal/OSHA Workplace Violence Prevention for General Industry (Non-Health Care Settings) to give applicable employers guidance in complying with California Labor Code §6401.9 requirements. If you have further questions about your organization’s legal responsibilities and requirements under this new law, please contact the California Center for Nonprofit Law for assistance.

Defining Workplace Violence

Cal. Labor Code §6401.9(a)(6)(A) defines workplace violence as “any act of violence or threat of violence that occurs in a place of employment.” Although other actions may also fall within the workplace violence definition, Cal. Labor Code §6401.9(a)(6)(B) includes the following:

• The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
• An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
• The following four workplace violence types:
  • “Type 1 violence,” which means workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime.
  • “Type 2 violence,” which means workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
  • “Type 3 violence,” which means workplace violence against an employee by a present or former employee, supervisor, or manager.
  • “Type 4 violence,” which means workplace violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee.

Cal. Labor Code §6401.9(b)(2) exempts some employers, employees, and places of employment if they comply with Section 3203 of Title 8 of the California Code of Regulations, including:

• Healthcare facilities, service categories, and other operations;
• Facilities operated by the Department of Corrections and Rehabilitation;
• Law enforcement agencies;
• Employees teleworking from a location of the employee’s choice, which is not under the control of the employer; and
• Places of employment where less than 10 employees are working at the place at any given time and are inaccessible to the public.

Workplace Violence Prevention Plans

All employers subject to California Labor Code §6401.9 must develop an effective workplace violence prevention plan under §6401.9(c)(1)(A). The plan must be in writing, available, and easily accessible. The plan must always be in effect and specific to the hazards and corrective measures for each work area and operation.

Workplace violence prevention plans must contain all the following elements:

• Names or job titles of the persons responsible for implementing the plan, with each person’s role clearly defined;
• Effective procedures to involve employees and their authorized representatives in developing and implementing the plan;
• Methods the employer will use to coordinate implementation of the plan with other employers;
• Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report;
• Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan;
• Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
  • How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal; and
  • How employee concerns will be investigated and how employees will be informed of the investigation results and any corrective actions to be taken.
• Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, the following:
  • Effective means to alert employees of workplace violence emergencies’ presence, location, and nature.
  • Evacuation or sheltering plans that are appropriate and feasible for the worksite.
  • How to obtain help from staff assigned to respond to workplace violence emergencies, including security personnel and law enforcement.
• Procedures to develop and provide required training;
• Procedures to identify and evaluate workplace violence hazards, including scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns;
• Procedures to correct workplace violence hazards promptly;
• Procedures for post-incident response and investigation;
• Procedures to review the effectiveness of the plan and revise the plan as needed, at least annually; and
• Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees.

Workplace Violence Incident Logs

Under §6401.9(d)(1)(A), employers must record every workplace violence incident in a violent incident log. The information recorded in the log must omit personal identifying information for anyone involved in the incident. Each logged incident must include the following:

• The date, time, and location of the incident;
• The workplace violence type or types;
• A detailed description of the incident;
• A classification of who committed the violence;
•  A classification of circumstances at the time of the incident;
• A classification of where the incident occurred;
• The type of incident, including whether it involved any of the following:
  • Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting;
  • Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object;
  • Threat of physical force or threat of the use of a weapon or other object;
  • Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact;
  • Animal attack; or
  • Other.
• Consequences of the incident, including:
  • The response of any security or law enforcement; and
  • Actions taken to protect employees from a continuing threat or any other hazards identified because of the incident.
• Information about the person completing the log, including their name, job title, and completion date.

Employee Training Materials

Employers must provide effective training to employees that considers their educational level, literacy, and language. Training must occur when the employer first establishes the plan and annually thereafter, as well as when any changes to the plan occur. Any training must cover the following elements:

• The employer’s plan, how to obtain a copy of it at no cost, and how to participate in the development and implementation of the employer’s plan;
• The definitions and requirements of California Labor Code §6401.9;
• How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal;
• Workplace violence hazards specific to the employees’ jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm;
• The violent incident log and how to obtain copies of required records; and
• An opportunity for interactive questions and answers with someone knowledgeable about the employer’s plan.

Records of Workplace Violence

Employers must create and maintain records of workplace violence hazard identification, evaluation, and correction for at least five years. Employers must create and maintain training records for a minimum of one year.

Furthermore, employers must maintain violent incident logs and records of workplace violence incident investigations for at least five years. Employers must make all required records available to Cal/OSHA upon request, as well as to employees and their representatives upon request, at no cost. Employers must make the records available to employees and their representatives within 15 calendar days of a request.

The California Center for Nonprofit Law Can Advise and Guide You

The California Center for Nonprofit Law focuses its practice on legal matters that affect charitable organizations, churches, and other nonprofit entities. We are here to represent your interests and give you the advice you need. Call us today at the California Center for Nonprofit Law offices at (949) 892-1221, email us at info@NPOlawyers.com, or contact us online for more information. Together, we can navigate the myriad of laws and regulations that apply to your charity at the federal, state, and local levels.