6401.9.
(a) For purposes of this section, the following definitions apply:(1) “Employer” means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations: “Emergency” means unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons.
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2) “Alarm” means a mechanical, electrical, or electronic device that does not rely upon an employee’s vocalization in order to alert others.
(3) “Dedicated safety personnel” includes, but is not limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employer’s workplaces.
(4) (2) “Engineering controls” means mean an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the worker and the hazard. For purposes of reducing workplace violence hazards, “engineering controls” include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(5) (3) “Environmental risk factors” means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. “Environmental risk factors” include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money. “Log” means the violent incident log required by this section.
(6) (4) “Employer’s facilities” shall not include facilities operated by the Department of Corrections and Rehabilitation. “Plan” means the workplace violence prevention plan required by this section.
(7) (5) “Threat of violence” means a statement or conduct that causes a person to fear for the person’s safety because there is a reasonable possibility the person might be physically injured, any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
(8) “Work practice controls” means procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(9) (6) (A) “Workplace violence” means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following: in a place of employment.
(B) “Workplace violence” includes, but is not limited to, the following:
(A) (i) 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.
(B) (ii) An incident involving the 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.
(iii) The following four workplace violence types:
(I) “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.
(II) “Type 2 violence,” which means workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
(III) “Type 3 violence,” which means workplace violence against an employee by a present or former employee, supervisor, or manager.
(IV) “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.
(C) “Workplace violence” does not include lawful acts of self-defense or defense of others.
(7) “Work practice controls” means procedures and rules which are used to effectively reduce workplace violence hazards.
(b) (1) Except as provided in paragraph (2), this section applies to all employers, employees, places of employment, and employer-provided housing.
(2) Subject to paragraph (3), the following employers, employees, and places of employment are exempt from this section:
(A) Health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations.
(B) Employers that comply with Section 3342 of Title 8 of the California Code of Regulations.
(C) Facilities operated by the Department of Corrections and Rehabilitation, if the facilities are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(D) Employers that are law enforcement agencies that are a “department or participating department,” as defined in Section 1001 of Title 11 of the California Code of Regulations and that have received confirmation of compliance with the Commission on Peace Officer Standards and Training (POST) Program from the POST Executive Director in accordance with Section 1010 of Title 11 of the California Code of Regulations. However, an employer shall be exempt pursuant to this subparagraph only if all facilities operated by the agency are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(E) Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.
(F) Places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(3) Notwithstanding paragraph (1), the division may, by issuance of an order to take special action, require an employer that is exempt pursuant to paragraph (1) to comply with this section or require an employer to include employees or places of employment that are exempt pursuant to paragraph (1) in their compliance with this section.
(c) (1) (A) An employer shall establish, implement, and maintain an effective workplace violence prevention plan.
(b) (B) As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times in all of the employer’s facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated into as a stand-alone section in the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements: and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
(2) The plan shall include all of the following:
(1) (A) The names Names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan. the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described.
(2) (B) Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
(3) (C) Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, employers, when applicable, to ensure that those employers and employees understand their respective roles roles, as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4) Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5) (D) Effective procedures for the employer to accept and respond to reports of workplace violence violence, and to prohibit retaliation against an employee who makes such a report.
(6) (E) Procedures Effective procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan. plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(7) (F) Procedures Effective procedures to communicate with employees regarding workplace violence matters, including: including, but not limited to, both of the following:
(A) How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B) (i) How an employee can report a violent incident, threat, or other workplace violence concern. concern to the employer or law enforcement without fear of reprisal.
(C) How employees can communicate workplace violence concerns without fear of reprisal.
(D) (ii) How employee concerns will be investigated as part of the employer’s responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken. taken as part of the employer’s responsibility in complying with subparagraph (J).
(G) Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
(i) Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
(ii) Evacuation or sheltering plans that are appropriate and feasible for the worksite.
(iii) How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
(8) (H) Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9) (I) Assessment procedures Procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which those environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following: workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
(A) Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B) Poor illumination or blocked visibility of areas where possible assailants may be present.
(C) Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D) Lack of effective escape routes.
(E) Obstacles and impediments to accessing alarm systems.
(F) Locations within the facility where alarm systems are not operational.
(G) Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H) Storage of high-value items or currency.
(10) (J) Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following: identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(A) Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B) Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C) Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D) Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E) Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F) Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G) Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11) (K) Procedures for postincident response and investigation, including: investigation.
(A) Providing immediate medical care or first aid to employees who have been injured in the incident.
(B) Identifying all employees involved in the incident.
(C) Making available individual trauma counseling to all employees affected by the incident.
(D) Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E) (L) Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
(F) Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G) (M) Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury. Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h).
(12) (d) Provisions (1) (A) prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters. The employer shall record information in a violent incident log for every workplace violence incident.
(c) (B) The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the person’s name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the person’s identity. The violent incident log shall be reviewed during the annual review periodic reviews of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to: subparagraph (L) of paragraph (2) of subdivision (c).
(C) For purposes of this section, at a multiemployer worksite, the employer or employers whose employees experienced the workplace violence incident shall record the information in a violent incident log pursuant to subparagraph (A) and shall also provide a copy of that log to the controlling employer.
(2) The information recorded in the log shall include all of the following:
(1) (A) The date, time, specific location, and department location of the incident.
(B) The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident.
(2) (C) A detailed description of the incident.
(3) (D) A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4) (E) A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location, or other circumstances. location.
(5) (F) A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, such as in the workplace, parking lot or other area outside the building, personal residence, break room, cafeteria, workplace, or other area.
(6) (G) The type of incident, including including, but not limited to, whether it involved any of the following:
(A) (i) Physical attack, including attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B) (ii) Attack with a weapon or object, including a gun, including, but not limited to, a firearm, knife, or other object.
(C) (iii) Threat of physical force or threat of the use of a weapon or other object.
(D) (iv) Sexual assault or threat, including rape or including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E) Verbal harassment.
(F) (v) Animal attack.
(G) (vi) Other.
(7) (H) Consequences of the incident, including: including, but not limited to:
(A) Whether medical treatment was provided to the employee.
(B) Who, if anyone, provided necessary assistance to conclude the incident.
(C) (i) Whether security or law enforcement was contacted and whether law enforcement was contacted. their response.
(D) Amount of lost time from work, if any.
(E) (ii) Actions taken to protect employees from a continuing threat, if any. threat or from any other hazards identified as a result of the incident.
(8) (I) Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d) (1) The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees’ respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A) Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B) Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C) Job design, equipment, and facilities.
(D) Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2) Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A) New or modified tasks and procedures that may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B) Newly recognized workplace violence hazards.
(C) A review and evaluation of workplace violence incidents that result in a serious injury or fatality.
(D) A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e) (1) The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2) All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A) (2) Initial The employer shall provide employees with initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the established, and annually thereafter, on all of the following:
(i) (A) An explanation The employer’s plan, how to obtain a copy of the employer’s workplace violence prevention plan, including the employer’s hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan at no cost, and how to participate in development and implementation of the employer’s plan.
(B) The definitions and requirements of this section.
(C) How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
(ii) (D) How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to 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. violence, and strategies to avoid physical harm.
(iii) Strategies to avoid physical harm.
(iv) (E) How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats The violent incident log required by subdivision (d) and how to use identified escape routes or locations for sheltering, as applicable. obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f).
(v) How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, “educational workplace” means any workplace where students are educated in any subject matter.
(vi) How to prepare for and respond to shoplifting, if the employees work in retail.
(vii) The role of private security personnel, if any.
(viii) How to report violent incidents to law enforcement.
(ix) Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x) (F) An opportunity for interactive questions and answers with a person knowledgeable about the employer’s workplace violence prevention plan, plan.
(B) (3) Additional training, which training shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. identified and when changes are made to the plan. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard. workplace violence hazard or changes to the plan.
(C) Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f) (1) Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply. for a minimum of five years.
(2) Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply to these training records.
(3) Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years.
(3) (4) Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury workplace violence incident investigations conducted pursuant to paragraph (11) subparagraph (K) of paragraph (2) of subdivision (b), (c) shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these years. These records shall not contain “medical information,” as defined by in subdivision (i) (j) of Section 56.05 of the Civil Code.
(4) (5) All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, the division upon request for examination and copying.
(6) All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
(g) The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(g) (h) An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs. The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
(i) Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024.