Scope
California’s Workplace Violence Prevention standard, effective July 1, 2024, applies to all employers, employees, places of employment, and employer-provided housing. This standard excludes health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulation; facilities operated by the Department of Corrections and Rehabilitation; law enforcement agencies; employees teleworking from a location of the employee’s choice; and 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.
The Workplace Violence Prevention Plan may be incorporated as a stand-alone section in the written injury and illness prevention program (IIPP) that addresses hazards pertaining to the workplace covered by the program or maintained as a separate document.
There is currently no Federal OSHA standard for workplace violence prevention. When necessary, Federal OSHA will rely on the General Duty Clause for enforcement of any place of employment with recognized hazards that can cause or are likely to cause death or serious physical harm to their employees.
Safety and health program - California
General Duty Clause: Section 5(a)(1) of the OSH Act
Citations
California: Senate Bill No. 553 Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
California: Title 8, Division 1, Chapter 4, Subchapter 7, 3203. Injury and illness prevention program
A summary of the recommendations includes the following:
- Understand the types of workplace violence. Workplace violence includes 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. It also includes an incident involving 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. Workplace violence does not include lawful acts of self-defense or defense of others. There are four workplace violence types:
- Type 1 violence: 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.
- Type 2 violence: workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
- Type 3 violence: workplace violence against an employee by a present or former employee, supervisor, or manager.
- Type 4 violence: 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.
- Assess the risk. Identify workplace security factors which have been shown to contribute to the risk of violence in the workplace. Common risk factors include:
- Exchanging of money;
- Working alone;
- Accessing valued items (e.g., money and jewelry);
- Guarding money or valuable property or possessions;
- Performing public safety functions in the community;
- Working with patients, clients, passengers, customers, or students known or suspected to have a history of violence; and
- Employing workers with a history of assaults or who have exhibited belligerent, intimidating, or threatening behavior to others.
- Develop an effective Workplace Violence Prevention Plan. An effective plan is one that is specifically tailored to the work environment. Obtain a considerate, respectful, and strong management commitment along with employee participation in violence prevention. Include all of the following:
- Names or job titles of the persons responsible for implementing the plan.
- Effective procedures to obtain active involvement of employees in developing and implementing the plan. Include their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
- Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan.
- 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.
- Effective procedures to ensure that supervisory and non-supervisory employees comply with the plan in a manner consistent with Title 8 CCR 3203(a)(2).
- Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to the following:
- How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal; and
- 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.
- Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to the following:
- Effective means to alert employees of the presence, location, and nature of workplace violence emergencies;
- Evacuation or sheltering plans that are appropriate and feasible for the worksite; and
- How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
- Procedures to develop and provide the training required.
- Procedures to identify and evaluate workplace violence hazards, including scheduled periodic inspections to identify unsafe conditions and work practices, employee reports, and concerns. Inspections must 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. Records of workplace violence hazard identification, evaluation, and correction must be created and maintained for a minimum of five years.
- Procedures to correct workplace violence hazards identified and evaluated.
- Procedures for post-incident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan as needed. The plan must be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
- Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees.
- Record information in a violent incident log for every workplace violence incident. Information that is recorded must be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. Omit any element of personal identifying information, such as the person’s name, address, electronic mail address, telephone number, or social security number. The log must be reviewed during the required periodic reviews of the plan. Records of workplace violence incident investigations, as well as the log itself, must be maintained for a minimum of five years. Information recorded on the log must include:
- The date, time, and location of the incident.
- The workplace violence type or types.
- A detailed description of the incident.
- 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.
- A classification of circumstances at the time of the incident, including whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
- A classification of where the incident occurred (e.g., in the workplace, parking lot, or other area outside the workplace).
- The type of incident, including, but not limited to, whether it involved any of the following:
- Physical attack without a weapon (e.g., biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting).
- Attack with a weapon or object (e.g., firearm, knife, or other object).
- Threat of physical force or threat of the use of a weapon or other object.
- Sexual assault or threat (e.g., rape, attempted rape, physical display, or unwanted verbal or physical sexual contact).
- Animal attack.
- Other.
- Consequences of the incident, including whether security or law enforcement was contacted and their response. Also, actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
- Information about the person completing the log, including their name, job title, and the date completed.
- Train employees effectively. Employees must be trained initially when the plan is first established, and annually thereafter, on the following elements:
- The employer’s plan, how to obtain a copy of the employer’s plan at no cost, and how to participate in development and implementation of the employer’s plan.
- The definitions and requirements of the plan.
- How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
- 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, and strategies to avoid physical harm.
- The violent incident log and how to obtain copies of records (all records must be made available to employees within 15 calendar days of a request).
- An opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan.
- Additional training must be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan.
- Training records must 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.
- Develop a system for communicating. Ensure communication with employees in a form readily understandable by all affected employees on matters relating to workplace security hazards, including a means that employees can use to report concerns without fear of reprisal. Provide reliable means of communication to employees who may need to summon assistance (e.g., two-way radios).
- Use engineering controls as feasible. These controls can include:
- developing emergency signaling, alarms, and monitoring systems;
- installing security devices such as metal detectors to prevent armed persons from entering the facility;
- installing other security devices such as cameras and good lighting in hallways;
- providing security escorts to the parking lots at night;
- placing curved mirrors at hallway intersections or concealed areas;
- providing staff restrooms and emergency exits;
- installing enclosed cashier stations, deep service counters or bullet-resistant and shatterproof glass enclosures in reception or cashier areas; and
- arranging furniture and other objects to minimize their use as weapons.
- Use administrative controls. These controls can include:
- designing staffing patterns to prevent personnel from working alone;
- restricting the movement of the public behind cashier stations; and
- developing a system for alerting security personnel when violence is threatened.
- Establish a comprehensive program of medical, psychological, and post-event trauma counseling. Be sure to include a plan for debriefing employees who experience or witness assaults and other violent incidents.