California’s Workplace Violence Prevention Law and What It Means for Employees

Do you know what your employer is required to do to protect you from violence on the job? As of July 1, 2024, most California employers must follow a new law designed to reduce the risk of violence in the workplace. If you work in California, understanding this law can help you recognize whether your employer is meeting its obligations, and what your rights look like if something goes wrong.

What the Law Actually Requires

California’s Labor Code section 6401.9, enacted through Senate Bill 553, requires nearly all employers in the state to create a written Workplace Violence Prevention Plan. This is not just a policy sitting in a drawer somewhere. The plan has to be accessible to employees, updated as hazards change, and paired with actual training. Employers must also keep a log of violent incidents that occur at the workplace, and that log has to be maintained for a minimum of five years.

So what counts as workplace violence under this law? The statute defines it broadly. It includes any threat or use of physical force that results in, or could reasonably result in, injury, psychological trauma, or stress, whether or not the employee is actually hurt. It also covers incidents involving weapons, including everyday objects used as weapons. The law recognizes that violence can come from several directions, including:

• Someone with no legitimate business at the worksite who commits a violent act
• Customers, clients, patients, or visitors who direct violence at employees
• Current or former coworkers, supervisors, or managers
• A person with a personal relationship to an employee who is not otherwise connected to the workplace

Does your employer’s plan account for all of these possibilities? Many employees have never seen their company’s written plan at all, which raises a fair question about whether it exists in a meaningful form.

Why This Might Matter to You

Workplace violence is not a rare or abstract concern. State data has shown dozens of workplace violence deaths in California in recent years, and that figure does not begin to capture the incidents that cause injury, fear, or lasting psychological harm without resulting in death. When an employer fails to build a real prevention plan, or fails to train employees on it, workers can be left without the tools to recognize warning signs or respond safely.

Have you ever reported a threat at work and felt like nothing happened afterward? Under this law, employers are supposed to have procedures for accepting and responding to those reports, and for protecting employees from retaliation when they speak up. That protection matters just as much as the prevention plan itself.

Questions Worth Asking Your Employer

If you are unsure whether your workplace is complying with this law, it may be worth asking a few direct questions. Has your employer shared a written plan? Have you received training on it? Is there a clear way to report a threat without fear of retaliation? The answers can tell you a lot about whether your employer takes this obligation seriously.

Talk to Our Team About Your Situation

Every workplace is different, and the way this law applies can depend heavily on the specific facts involved. If you have concerns about how your employer is handling workplace violence prevention, or if you believe you experienced retaliation after reporting a threat, our San Jose employment lawyers at the Costanzo Law Firm, APC are ready to listen. We invite you to contact us to discuss what you have experienced and learn more about your options.

Source:

dir.ca.gov/dosh/Workplace-Violence/General-Industry.html