A: LC 6401.9 (a)(6) defines "Workplace violence" as follows:

• (A) Any act of violence or threat of violence that occurs in a place of employment.
• (B) "Workplace violence" includes, but is not limited to, the following:
• (i) 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.
• (ii) 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.
• (iii) The following four workplace violence types:
• (I) "Type 1 violence," which means 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.
• (II) "Type 2 violence," which means workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
• (III) "Type 3 violence," which means workplace violence against an employee by a present or former employee, supervisor, or manager.
• (IV) "Type 4 violence," which means 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.
• (C) "Workplace violence" does not include lawful acts of self-defense or defense of others.

A: Yes, per LC 6401.9 (a)(A), "Workplace violence" includes any act of violence or threat of violence that occurs in a place of employment. This includes animal attacks.

Further, per LC 6401.9 (d)(2)(G)(v), employers are required to document in their violent incident log whether the type of incident was an animal attack.

LC 6401.9 (b). Employer applicability. Exceptions to specific employers or circumstances.

A: LC 6401.9 applies to all employers, employees, places of employment, and employer-provided housing, except those listed in LC 6401.9 (b)(2)(A) through (F).

A: No, if a building or location is required to comply with CCR T8 3342 then it is not required to comply with LC 6401.9.

A: Only dog-catchers who are part of that are a "department or participating department," as defined in CCR T11 1001 and that have received confirmation of compliance with the Commission on Peace Officer Standards and Training (POST) Program from the POST Executive Director in accordance with CCR T11 1010 would be exempt. As such, dogcatchers that do not meet the above requirement would not be exempt.

LC 6401.9 (c). Workplace Violence Prevention Plan (WVPP).

A: Employers covered by this section are required to establish, implement, and maintain an effective written WVPP that is specific to the hazards and correction measures for each work area and operation. The plan must be in effect at all times and include the requirements listed in LC 6401.9 (c)(2)(A) through (M).

A: Yes, the requirements of LC 6401.9 apply to all California employers, employees, places of employment, and employer-provided housing except those covered in LC 6401.9 (b)(2)(A) through (F).

A: No, employers can include their written WVPP as a stand-alone section in the written IIPP or maintain it as a separate document.

A: Cal/OSHA has developed a model written WVPP that provides the essential framework and is intended to help employers establish a separate, stand-alone WVPP. Every employer will need to tailor it to their specific work area or operation.

Note: Use of Cal/OSHA's model written WVPP does not ensure compliance with LC 6401.9. Employers are liable for any violations of LC 6401.9 regardless of use of this model program.

A: No, per LC 6401.9 (c)(2)(f) employers are only required to have a system for communicating with employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. This could include a system of anonymous notification by employees about hazards.

A: Employers should ensure that these postings are in a conspicuous place where employees report each day, like common areas, and have easy access to them. For outdoor places of employment, construction, and agricultural sites, this might be in a place where required notices and postings are located and where employees don't have to walk a long distance or ask to see the material.

A: No, employers are not required to use Cal/OSHA's model written WVPP. They may create their own, use another WVPP template, or incorporate their WVPP into their existing IIPP as a separate section.

A: Yes, employers may include their WVPP into their existing IIPP as a separate section.

A: Employers are required to ensure that their written WVPP is specific to the hazards and corrective measures for each work area and operation.

A: This might depend on the nature of the workplace. Employers could have the plan available in common areas, in a binder, or on their company website.  The WVPP needs to be available and easily accessible to employees, authorized employee representatives, and representatives of the Division (Cal/OSHA) at all times.

LC 6401.9 (d). Violent Incident Log.

A: Employers may develop their own violent incident log, as long as the information recorded in the log complies with the requirements listed in LC 6401.9 (d)(2).

A: In this scenario, regardless of whether the act was intentional or not, this would be categorized as a "Type 2 Violence" workplace violence incident and the employer is required to record it in the violent incident log.

LC 6401.9 (e). Training.

A: Employees may report potential or actual workplace violence incidents to local law enforcement and/or the local Cal/OSHA enforcement district office.

If you would like to report workplace safety or health hazards to Cal/OSHA, choose one or both of the following:

A: With regard to the training requirements of LC 6401.9, employers who have employees working in California are responsible for providing effective training to their employees in California.

Employers who have questions, may contact the Cal/OSHA Consultation Services Branch to receive free technical assistance at (800) 963-9424 or via email at InfoCons@dir.ca.gov.

A: Per LC 6401.9 (i), the requirements listed in LC 6401.9 (b) to (g) are in effect and enforceable on July 1, 2024. This includes the training requirements.

LC 6401.9 (f). Recordkeeping.

A: It depends. All workplace violence incidents are required to be documented in the violent incident log. However, employers are required to record information on the Cal/OSHA Form 300 about every work-related death and work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid, including those as a result of workplace violence. Employers must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional. Employers must also record work-related injuries and illnesses that meet any of the specific recording criteria listed in CCR T8 14300.8 through 14300.12.

LC 6401.9 (g). Cal/OSHA Enforcement of LC 6401.9 and LC 6401.9 (i). Effective date.

A: As of September 30, 2023, the LC 6401.7 (a) requires employers to include a workplace violence prevention plan, which must meet the requirements of LC 6401.9, as part of their IIPP.

Per LC 6401.9 (i), the requirements listed in LC 6401.9 (b) through (g) will be in effect and enforceable beginning July 1, 2024.

A: The following links will take you to these labor codes:

• LC 6401.7
• LC 6401.9

LC 6401.9 (h). Cal/OSHA Workplace Violence Prevention Standard Proposal and Adoption.

A: Yes, Cal/OSHA is currently working on a draft title 8 regulation for workplace violence prevention for general industry. The Occupational Safety and Health Standard Board (OSHSB) anticipates having the first advisory meeting on the proposed regulation in the 2nd quarter of 2024.

For information on Division of Occupational Safety and Health advisory committee meetings, visit the Attend an Advisory Meeting webpage.

A: The proposed regulation will be posted on the OSHSB webpage for public participation. Cal/OSHA is required to submit its final proposed rule to the OSHSB no later than December 31, 2025, and the OSHSB is required to adopt the new standard no later than December 31, 2026.

Visit the OSHSB Proposed Regulations webpage for information on rulemaking proposals scheduled for hearing or adoption.