California law defines “workplace violence” broadly to mean any act of violence or “threat of violence” that occurs in a place of employment.

This includes:1
  • The threat or use of physical force directed at an employee with a high likelihood of causing injury, or caused an injury, psychological trauma or stress.
  • An incident involving the threat or use of a firearm or a dangerous weapon.

A “threat of violence” is an oral or written statement or any behavioral or physical conduct that conveys, or is reasonably perceived to convey, an intent to cause harm or fear of physical harm with no legitimate purpose. Oral or written statements include text messages, social media messages, and other electronic messages or online posts.

  • An employee need not suffer an actual injury for the act or threat to constitute workplace violence.

Lawful acts of self-defense or defense of others are not considered workplace violence, and you don't have to comply with this law for those acts.

  • Under the workplace violence prevention law, the state recognizes four separate categories of workplace violence, which are largely drawn from the federal Occupational Safety and Health Administration (OSHA) definitions. Each type will be discussed in detail later in this chapter. Certain types of business are more or less vulnerable to some of the types of violence. While it is important to understand each of these types of violence, it's just as essential to understand the type of violence your organization is more prone to experience.

The four different types of workplace violence under California law are:

  • Type 1 violence,” which is 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,” which is directed at employees by customers, clients, patients, students, inmates or visitors;
  • Type 3 violence,” which is committed against an employee by a present or former employee, supervisor or manager; and
  • Type 4 violence,” which is 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.

1. Lab. Code sec. 6401.9(a)(6)