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Guidelines for Preventing Workplace Violence in California

Maxine Carter 229 Views
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A new California law that took effect on July 1, 2024, means employers must now comply with workplace violence prevention requirements. A written plan that is easily accessible to employees and interactive training is part of the new legislation for employers in almost all industries with some limited exceptions. The statute applies to all California employers with at least one employee. The California Division of Occupational Safety and Health (CAL OSHA) has developed a model or standard workplace violence prevention program.

What exactly is “workplace violence?”

According to the California Labor Code, section 6401.9, workplace violence includes “any act of violence or threat of violence that occurs in a place of employment.”

This would involve the threat or use of physical force against a worker that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, whether or not the employee sustains an injury.

Workplace violence would also include an incident against a worker involving a threat or use of a firearm or other dangerous weapon, such as the use of common objects as weapons, whether or not the employee sustains an injury.

The new measure defines workplace violence into four categories:

  • Type 1: This act would be committed by an individual with no legitimate business at the worksite. These would include violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.
  • Type 2: This act would be directed at workers by customers, clients, patients, students or visitors.
  • Type 3: This act would be carried out against an employee by a present or former employee, supervisor or manager.
  • Type 4: This act would be committed in the workplace by an individual who does not work there but has or is known to have had a personal relationship with an employee.

Under the new statute, employers must record and report information solicited from their employees who experienced workplace violence. Violence incident logs are required to detail such violent incidents at the workplace. These logs must be kept on file for five years, and training records must be kept on file for one year.

The written plan must also include procedures to investigate employee concerns and procedures for post-incident response and investigation.

Employers who do not have a fully compliant workplace violence prevention plan in place can face serious legal and financial repercussions. Fines start at $18,000 per violation and can soar as high as $25,000.

Employers should contact labor and employment legal counsel about establishing, implementing, and/or maintaining a compliant workplace violence prevention plan.