Under the newly enacted Labor Code section 6401.9, California employers must establish, implement and maintain an effective workplace violence prevention plan (the Plan); training materials; and a violence incident log.

The law does not apply to employees teleworking from a location of their choosing and control; health care facilities covered under Cal/OSHA's Violence Prevention in Health Care regulation; law enforcement agencies; correctional facilities; and locations not accessible to the public where less than 10 employees work at any given time.

Workplace violence is defined as "any act of violence or threat of violence that occurs in a place of employment" such as the threat or use of physical force or a firearm or other dangerous weapon but not lawful acts of self-defense or defense of others.

Starting July 1, 2024, the Plan must include:

• Names of individuals responsible for the Plan;
• Effective procedures to obtain employees' active involvement in developing and implementing it;
• Methods used to coordinate implementation to ensure all employees understand their respective roles;
• Effective procedures for accepting and responding to workplace violence reports without retaliation;
• Effective procedures to ensure compliance with the Plan;
• Effective workplace communication regarding workplace violence matters;
• Effective procedures to respond to actual or potential workplace violence emergencies, including appropriate evacuation or sheltering plans;
• Procedures to develop and conduct the required workplace violence prevention training under the new law;
• Procedures to identify, evaluate and correct workplace violence hazards;
• Procedures for post-incident response and investigation;
• Procedures to review and revise the Plan's effectiveness; and
• Procedures or other information as mandated by Cal/OSHA.

Covered employers must also provide effective workplace violence prevention training when the Plan is first established and annually thereafter and maintain the training records for at least one year. The training must include:

• Information on the employer's Plan, including how to obtain a copy and participate in its development and implementation;
• Workplace violence prevention definitions and requirements;
• How to report such incidents or concerns to the employer or law enforcement without fear of reprisal;
• Specific workplace violence hazards, corrective measures implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm;
• Information about the employer's violent incident log and how to obtain copies of it; and
• An opportunity for interactive questions and answers with a person knowledgeable about the employer's Plan.

Lastly, covered employers must create and maintain a violent incident log to record detailed information on every workplace violence incident. Such logs (and any workplace violence incident investigation records) must be maintained for at least five years.

Take-Aways:

Covered employers should promptly begin creating their Plan and training materials.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• What's New in 2024 - Extended Comeback Rights - Hospitality Workers to Receive Longer Rehire Protection - Rehire First Fire (November 10, 2023)
• Find Out What's New in 2024 - Annual Seminar for Employers Covering Employment Legal Essentials and New Workplace Laws (October 20, 2023)
• Keep Employees Safe - Workplace Murders Are Cal/OSHA Violations (June 30, 2023)

Cindy Bamforth
November 17, 2023