New Workplace Violence Prevention Regulation
On July 1, 2024, Title 8, §6401.9 Workplace Violence Prevention went into effect. The aim of this law is to decrease violence occurring in the workplace because everyone in California has the right to a safe and healthy workplace.
What is workplace violence?
The law defines workplace violence as any act of violence or threat of violence that happens at the workplace.
What workplaces does Title 8, §6401.9 Workplace Violence Prevention apply to?
Title 8, §6401.9 Workplace Violence Prevention applies to most workplaces in California. However, there are some exceptions, such as health care facilities and law enforcement agencies, because there are other specific regulations that apply to them.
What are the types of workplace violence?
Title 8, §6401.9 Workplace Violence Prevention describes four types of violence that can occur in the workplace.
Type 1: Criminal
- Type 1 violence is when the person committing the violent act has no relationship to the business or its employees and is usually committing a crime at the same time that the violence occurs.
- Example: A robbery occurs at an agricultural workplace. A worker is injured by the robbers.
Type 2: Customer/Client
- Type 2 violence is directed at employees by customers or visitors.
- Example: A worker stocking a farmstand is threatened by a customer.
Type 3: Worker to Worker
- Type 3 violence occurs between an employee and another employee, supervisor, or manager.
- Example: A farmworker has had frequent verbal arguments with another worker. One day he brings a weapon to work and hurts the worker.
Type: 4 Personal Relationship
- Type 4 violence is when a violent event occurs at a workplace that is caused by a person who does not work at the workplace but has or had a relationship with an employee. This type of violence happens when the perpetrator and the victim have a relationship outside of the workplace, but the conflict trickles over to the work environment.
- Example: A worker’s husband comes to her workplace and injures his wife.
What is a Workplace Violence Prevention Plan?
A requirement of Title 8, §6401.9 Workplace Violence Prevention, is that most workplaces must create a Workplace Violence Prevention Plan (WVPP). Cal/OSHA provides a model that can be used for the WVPP or employers can choose to write their own WVPP.
The program can be integrated into the company’s Injury and Illness Prevention Program (IIPP) or it can be a separate document. It should include all the elements described in the WVPP requirements as stated in the regulation.
What must the Workplace Violence Prevention Plan include?
There are nine elements that must be included in the WVPP to reduce the risk of violence in the workplace.
1. Names or titles of the people responsible for the WVPP.
2. Plan for involving employees in developing and implementing the WVPP.
3. Description of how the employer will implement the plan with employees.
4. Systems to ensure that all employees comply with the WVPP.
5. Methods to communicate and train workers.
6. Plan to identify and correct workplace violence hazards.
7. Procedure for how to respond to workplace violence.
8. Systems for responding to and investigating workplace violence after an incident.
9. Description of how the employer will review and revise the WVPP.
The Cal/OSHA model WVPP lists the required elements in detail and can be used as a template WVPP.
Resources
- Cal/OSHA model WVPP (PDF)
This article does not provide an exhaustive description of all of the requirements of Title 8, §6401.9 Workplace Violence Prevention. Review the full standard to ensure compliance.