California recently enacted the country's first state-mandated workplace violence prevention safety law for general industries. California's Workplace Violence Prevention law took effect on July 1, 2024, applies to virtually all California employers, and introduces several new compliance and recordkeeping requirements related to workplace violence protections.
Covered Employers
Section 6401.9 applies to all California employers except for:
- Workplaces covered by an existing California workplace violence law, including certain health care facilities, certain law enforcement agencies, and facilities operated by the Department of Corrections and Rehabilitation;
- Workplaces where employees are teleworking from a location of the employee's choice, which is not under the control of the employer; and
- Workplaces where less than 10 employees are working at any given time and that are not accessible to the public.
Workplace Violence Defined
The Workplace Violence Prevention Law defines workplace violence as the threat or use of physical force or dangerous weapons against employees. An incident may be considered workplace violence regardless of whether the employee sustains an injury, but do not include incidents of lawful self-defense or defense of others.
Workplace Violence Prevention Plan
Section 6401.9 requires employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan. The compliant plan can be part of the employer's injury and illness prevention plan or as a separate document. However, the Workplace Violence Prevention Plan must include the following:
- Names or job titles of individuals with roles for implementing the plan.
- Establish procedures for developing, implementing, and training employees on the plan.
- Procedures for the employer to accept and respond to reports of workplace violence and for employees to report workplace violence without fear of reprisal.
- Procedures to ensure employee compliance for handling workplace violence emergencies and post-incident response and investigation protocols.
- Regularly identify, evaluate, and correct workplace hazards through inspections and employee input.
- Implement post-incident response and investigation protocols.
- Review and update the plan at least annually and when a deficiency becomes known or after incidents.
Employers with multiple locations will need to create a site-specific plan for each location. A Workplace Violence Prevention Plan for each worksite must be reviewed and updated on at least an annual basis, including when a deficiency is observed or becomes apparent or after a workplace violence incident.
Training
Employers are initially required to train employers on the plan when it is implemented and at least annually, including whenever a new hazard is identified, or the plan is updated.
Employee training records should be kept for at least one year.
Workplace Incident Log
In addition to the policy and training requirements, Section 6401.9 requires employers to prepare a log of all workplace violence incidents. The purpose of the log is to both serve as a record of prior incidents and also to assist in improving the WVPP for each workplace. For example, the log should include the circumstances at the time of the incident, like whether the employee was working in poorly lit areas, rushed, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location. The log should not include any personal information of any person involved in a violent incident.
Workplace incident logs must be kept for at least five years.
Next Steps for Employers
Employers who have not yet implemented a Workplace Violence Prevention Plan should do so immediately.
