Are You Covered Under California’s New Workplace Violence Prevention Law?

California’s new workplace violence prevention law is groundbreaking. 

And here’s why. 

It’s the first workplace violence prevention law that covers the vast majority of employers and employees regardless of the type of industry they’re in.

The law was signed on September 30, 2023. The provisions related to having a workplace violence prevention program in place go into effect on July 1, 2024.

In this piece we’ll examine what employers and employees are covered under this new law.

For over 10 years, I’ve helped businesses, nonprofit organizations, and government agencies lessen the risk of workplace violence. I guide organizations based upon what I learned during the 30+ years of conducting litigation investigations including those related to workplace violence.

(Disclaimer: I’m not a lawyer. I don’t even play one on tv. So this piece is not meant to be legal advice. Consult a lawyer if you are unsure if you are covered by this law.)

If you’re struggling with how to get started complying with California’s new workplace violence prevention law, I’ve got a great resource for you. It’s my FREE workplace violence prevention checklist. It’s a great roadmap for implementing a workplace violence prevention program. Just click here to download it and get started today.

The Straightforward Exemptions

The law states, “Except as provided in paragraph (2), this section applies to all employers, employees, places of employment, and employer-provided housing.” (emphasis added).

Clearly,  the intent of the law is to cover EVERYONE except those specifically exempted. And, separately listing employers, employees, and places of employment, reinforces the broad coverage of this law.

 Paragraph (2) exempts health care facilities, hospitals, and psychiatric facilities, as well as employers that are already covered under a separate healthcare industry specific workplace violence prevention law.

It also exempts facilities operated by the Department of Corrections and employers that are law enforcement agencies. And that makes sense. Prisons are dangerous places, and law enforcement deals with dangerous people. It goes with the territory.

The law also specifically exempts, “employees teleworking from a location of the employee’s choice, which is not under the control of the employer.” And that makes sense too since the employee choses the environment. 

So these first three exemptions are pretty straight forward. But the next exception, get’s a little less specific.

Exemption Subject to Interpretation

 The law also exempts, “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.” (Emphasis added).

At first glance, this law seems to exempt places of work where there are less than 10 employees working there at any given time. But, it’s not so.

By adding "and that are not accessible to the public", the law adds a second requirement to that exemption. One that actually trumps the first one. And the indication is that any workplace that is accessible to the public IS covered under the law’s requirements. 

"And" means that both elements must be satisfied for it to apply. And in this case, the determinant element, is "not being accessible to the public".

So realistically, any place of employment where someone other than your staff is allowed access, is covered under the law. If you have “invitees” such as clients, customers, patients, students, members, vendors, or anyone else from the public who is allowed to enter, then the law applies to you regardless of the number of employees working at any given time.

And, what if your staff goes to other places in order to do their work? The law does not specifically address that, but a reasonable interpretation would be to treat any employee who interacts with the public to be covered. Remember, that the law specifically uses the term employees and not just workplace or employer.

Even Exempt Employers, Employees, and Workplaces May Not Be

 And there’s one more catch contained in the law, “the division may, by issuance of an order to take special action, require an employer that is exempt pursuant to paragraph (1) to comply with this section or require an employer to include employees or places of employment that are exempt pursuant to paragraph (1) in their compliance with the section.”

 Even an exempt employer can specifically be required by the state, if it deems it necessary, to comply with this new law. 

The statute really is broad in its application. And that was the state’s intent. As it should be. Workplace violence can occur to any place of employment anywhere.

 Ready to get started developing a workplace violence prevention plan and program. Download my FREE workplace violence prevention program to use as your guide. Just click here to get started now.