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:
(A) A person who employs five 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) “Engineering controls” means 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.
(4) “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.
(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, and that serves no legitimate purpose.
(6) “Work practice controls” means procedures, rules, and staffing which 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, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(7) “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:
(A) 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) Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.
(C) An incident involving the use of a firearm or
other dangerous weapon, regardless of whether the employee sustains an injury.
(b) As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, 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 plan may be incorporated into 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:
(1) The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2) 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 their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3) 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, to ensure that those employers and employees understand their respective 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) 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.
(6) Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7) Procedures to communicate with employees regarding
workplace violence matters, including:
(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) How an employee can report a violent incident, threat, or other workplace violence concern.
(C) How employees can communicate workplace violence concerns without fear of reprisal.
(D) How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8) 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) Assessment 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 such environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(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) 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:
(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) Procedures for postincident response and investigation, including:
(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) Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the 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) 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.
(12) Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(c) 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 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 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 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:
(1) The date, time, specific location, and department of the incident.
(2) A detailed description of the incident.
(3) 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) 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, working in an unfamiliar or new location, or other circumstances.
(5) A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6) The type of incident, including whether it involved any of the following:
(A) Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B) Attack with a weapon or object, including a gun, knife, or other object.
(C) Threat of physical force or threat of the use of a weapon or other object.
(D) Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E) Verbal harassment.
(F) Animal attack.
(G) Other.
(7) Consequences of the incident, including:
(A) Whether medical treatment was provided to the employee.
(B) Who, if anyone, provided necessary assistance to conclude the incident.
(C) Whether security was contacted and whether law enforcement was contacted.
(D) Amount of lost time from work, if any.
(E) Actions taken to protect employees from a continuing threat, if any.
(8) 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 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 which 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 which 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. 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) 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 following:
(i) An explanation 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.
(ii) How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii) Strategies to avoid physical harm.
(iv) How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v) How to prepare for and respond to an active shooter scenario at the workplace.
(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) An opportunity for interactive questions and answers with a person knowledgeable about the employer’s workplace violence prevention plan,
(B) Additional training, which shall be provided when new equipment or work practices are introduced or when a new
or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(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 Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply.
(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 Code of Regulations shall not apply to these training records.
(3) Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain “medical information,” as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4) All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on
request, for examination and copying.
(g) 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.