California Labor Code § 6401.9

(a) For purposes of this section, the following definitions apply: (1) “Emergency” means unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons. (2) “Engineering controls” mean an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the worker and the hazard. (3) “Log” means the violent incident log required by this section. (4) “Plan” means the workplace violence prevention plan required by this section. (5) “Threat of violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. (6) (A) “Workplace violence” means 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. (7) “Work practice controls” means procedures and rules which are used to effectively reduce workplace violence hazards. (b) (1) Except as provided in paragraph (2), this section applies to all employers, employees, places of employment, and employer-provided housing. (2) Subject to paragraph (3), the following employers, employees, and places of employment are exempt from this section: (A) Health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations. (B) Employers that comply with Section 3342 of Title 8 of the California Code of Regulations. (C) Facilities operated by the Department of Corrections and Rehabilitation, if the facilities are in compliance with Section 3203 of Title 8 of the California Code of Regulations. (D) Employers that are law enforcement agencies that are a “department or participating department,” as defined in Section 1001 of Title 11 of the California Code of Regulations 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 Section 1010 of Title 11 of the California Code of Regulations. However, an employer shall be exempt pursuant to this subparagraph only if all facilities operated by the agency are in compliance with Section 3203 of Title 8 of the California Code of Regulations. (E) Employees teleworking from a location of the employee’s choice, which is not under the control of the employer. (F) Places of employment where there

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