Plan Your Response to Workplace Violence

Although workplace violence can be varied, it’s possible to plan your response to it. Advanced planning can decrease response time in the event of violence, possibly saving lives, reducing potential injuries and helping employees deal with the associated trauma as soon as possible. Concrete, achievable measures include:

• Employers’ workplace violence prevention training, which must cover all procedures related to how employees should respond to an “active incident” of violence or potential violence.1 Procedures will be unique to each worksite, but they could include, for example:
• How to contact law enforcement, emergency services and security services.
• How to report suspicious or unusual activities or persons.
• How to de-escalate conflicts with hostile customers, customers, patients or other members of the public.
• Whether there are effective escape routes.
• Whether employees have a designated safe area they can go to in an emergency.
• How to activate security systems and alert others of an actual or potential workplace violence danger (e.g., alarms, PA system, panic button, etc.).
• Any additional procedures appropriate for your specific worksite.
• Posting in common areas the contact information for your workplace violence plan administrators, law enforcement, and emergency services and security services (if applicable).
• Placing 911 on the speed dial of all office phones. If dialing 9 or some other key is necessary to get an outside line, ensure that it is programmed in along with 911.
• Knowing your county’s procedure for obtaining a temporary restraining order (TRO) against a violent or potentially violent person.
• Becoming familiar with specialized community resources, such as threat assessment specialists, trauma specialists, legal counsel and employee counseling groups. Keep phone numbers for these resources accessible in one place.
• Identifying people who are trained in cardiopulmonary resuscitation (CPR). You can choose to pay for the annual refresher courses for these employees, and/or the basic course for other employees who want to learn CPR.
• Determining in advance who is responsible for coordinating a response to workplace violence and noting that information in the workplace violence prevention plan, and posting workplace violence contact information.
• Determining what steps can be taken to secure the workplace against an imminent threat.

Investigate Incidents and Reports Workplace Violence

Effective July 1, 2024, employers must investigate and document all instances of workplace violence under California’s workplace violence prevention standards. Employers must also have post-incident response and investigation procedures in their workplace violence prevention plan.2

Employers should ensure that, as part of their plan and training program, they develop and communicate to employees the methods in which they can report an incident of workplace violence to the employer and/or law enforcement without fear of reprisal or retaliation.3 Employee reporting can be done through a designated reporting form; be directly reported to a supervisor, human resources, plan administrators or other designated individuals; or via electronic communication and any other means that would be effective. Employers should allow employees to report incidents anonymously if they choose to do so.

All of these procedures need to be in employers’ plans and covered in training. You can also put reporting methods in a workplace violence policy that is distributed in a handbook (see Write a Workplace Violence Prevention Policy), post these methods in common areas, or employ other methods used to distribute workplace policies.

When an employer receives a report or threat of workplace violence, it’s important to take each instance very seriously. Your thorough response may discourage a person who makes a threat from acting upon it, reassure employees that their health and safety is of the utmost importance, prevent injuries, and save lives.

Though investigation and response procedures will vary between worksites depending on the specifics of each business, the following discusses general steps employees should consider when an employee reports a violent workplace act or a threat of such an act:

• First, secure the workplace and protect employees, customers and other individuals. Depending on the imminence or severity of the threat, this may involve law enforcement.
• Next, take a complete report of the incident from the individual reporting it. Reassure the individual that reporting the incident was the correct thing to do, that you will conduct a thorough investigation and that the company has a strict non-retaliation policy — meaning neither the company nor coworkers will retaliate against the individual for making the report. Ask them for as much detail as possible, including the names of any witnesses.
• Then, consider the allegedly violent person’s status:
• If the person is an employee, a suspension may be appropriate until the investigation is complete.
• If the person is not an employee, consider the likelihood that they will return to your workplace. Devise methods to keep them away until you complete the investigation. For example, if a vendor or someone else who provides service to the business is suspected of violence, call that person’s supervisor to insist that they stay away from your workplace until further notice. If a customer is alleged to have committed a violent act in your workplace, immediately notify security, receptionists and others who have initial contact with the public.
• Think about whether a restraining order is necessary.
• Conduct an investigation. When investigating a workplace violence incident or threat of workplace violence, always ask who committed the act or made the threat, the exact conduct involved and/or language used, who was harmed or threatened, the tone of voice and attitude of the individual making the threat, the location and time the incident occurred or the threat was made, and if any previous threats or violent incidents occurred. A clearly documented record of the investigation is critically important, and employers are required under California law to keep all records of such investigations for a minimum of five years.4
• Interview witnesses, if any. This allows for a better assessment of whether the threat is genuine and/or whether the violent act actually occurred as the initial reporting individual said it did (if the existence of the violent act is in question). Ask all witnesses if any additional witnesses may exist.
• Interview the individual who allegedly made the threat or committed the violent act, if possible. A good-faith effort to hear this individual’s side of the story is essential, especially in a lawsuit for wrongful termination or discrimination. Never hold the individual against their will; this may constitute false imprisonment.
• Assess the information gathered. Make a good-faith decision. If the allegations appear to be true, decide the next appropriate step. This can include disciplining or terminating an employee, terminating a business relationship, filing a police report and/or applying for a temporary restraining order.

You must provide “a safe and secure workplace and encourage employees to report credible threats of violence in the workplace.” Terminating employees because they report threats is a violation of California law.5

Workplace Violence Documentation and Recordkeeping

Employers must document the findings of their investigation and ensure corrective actions have been carried out. This will include a new inspection of their worksite for workplace violence hazards, and likely altering their workplace violence prevention plan and conducting additional training on the new or unrecognized hazards and/or changes to the company’s plan.

Employers must specifically document each workplace violence incident in a workplace violence incident log.6

• Workplace Violence Incident Log

Employers must remove identifying and medical information from the log, which must include the following:

• Date, time and location of the incident;
• Workplace violence type or types involved (i.e., Type 1, Type 2, Type 3 and/or Type 4 violence, described in Defining Workplace Violence Under the Law);
• Detailed description of the incident;
• Information about the perpetrator of the incident (including whether an employee, former employee, person committing a criminal act, significant other to the victim, etc.);
• Type of violent incident, including whether it involved any of the following:
• Physical attack without a weapon (e.g., punching, kicking, spitting, biting, choking, grabbing or pushing);
• Attack with a weapon or object (e.g., firearm, knife, etc.);
• Threat of physical force or threat of the use of a weapon or other object;
• Sexual assault or threat of sexual assault (e.g., rape, attempted rape, physical display or unwanted verbal or physical sexual contact);
• Animal attack; or
• Other conduct;
• Action taken to prevent further harm to others (including security/law enforcement contacted, additional protective mechanisms utilized, etc.).

You must keep for a minimum of five years records of:7

• Workplace violence hazard identification, evaluation and correction; and
• The aforementioned workplace violence incident investigations (excluding medical information) and violent incident logs.

You must also keep training records for a minimum of one year. These records must be made available to Cal/OSHA upon request.

These records, except for the investigation records, must be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.8 You do not have to make your investigation records available to employees and their representatives.

In addition, Cal/OSHA requires employers to record on their Cal/OSHA record keeping logs all fatalities, illnesses and specified injuries that occur as a result of workplace violence,9 though some employers are exempted from recording work-related injuries and illnesses.10 Additionally, employers are required to report to Cal/OSHA serious work-related injuries or illnesses.

The California Labor Code defines “serious injury or illness” as:11

... any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by the commission of a Penal Code violation, except the violation of section 385 of the Penal Code, or an accident on a public street or highway.

Even though a workplace assault resulting in an employee’s death or specified types of injuries are recordable on the recordkeeping log and reportable to the insurer or to the Department of Industrial Relations (DIR), it may not be reportable to Cal/OSHA if it is caused by the commission of a Penal Code violation.

For more information, see Reporting Serious Injury or Death and Recording Work-Related Injury and Illness.

Obtain Restraining Orders

Businesses and public agencies can obtain temporary restraining orders (TROs) against individuals who make credible threats of violence or harass or stalk their employees.12 California has some specific TRO laws that may come into play depending on the circumstances.

Outside the workplace, a person’s immediate family members and law enforcement officers can petition courts to issue a “gun violence restraining order” prohibiting an individual from having in their custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a firearm or ammunition upon showing of a substantial likelihood of significant danger or harm to self or others.

California law also allows employers, coworkers (with employer approval) who regularly interact with the person, or an employee or teacher of a secondary or postsecondary school (with school administration approval), to file a petition for a gun violence restraining order. Employers should consult with legal counsel on this law’s implications related to the employers’ workplace violence prevention policies and strategies.

In addition, any employer whose employee has suffered unlawful violence or a credible threat of violence from any person that has been carried out or that can reasonably be construed to be carried out at the workplace can seek a TRO and an injunction against the perpetrator on the employee’s behalf. 13

Employers may also seek a TRO on behalf of other employees at their workplaces, at the court’s discretion.

• Effective January 1, 2025, employers may seek a restraining order on behalf of an employee who has suffered “harassment.” Harassment is a knowing and willful course of conduct directed at the employee that seriously alarms, annoys or harasses the employee, and that serves no legitimate purpose. The conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.

Currently, credible threats of violence and/or acts of violence are necessary in order to obtain a TRO. But supporters of this law suggest that one shouldn’t have to wait for violence to occur to seek assistance, and that this new law will fill the gap between acts of violence and escalating behavior that could lead to violence.

• Also effective January 1, 2025, an employee may remain anonymous on the restraining order petition for their safety, and their collective bargaining representative may also seek workplace violence restraining orders on their members’ behalf.

Any chief administrative officer of a private postsecondary educational institution can seek a TRO on behalf of a student who has been subject to violence and/or a credible threat of violence with the student’s written permission. The chief officer’s designee can also seek a TRO on the student’s behalf. A designee could be another officer, employee or student.14

A TRO can deter an alleged perpetrator from gaining access to an alleged victim. Typically, a TRO prohibits an alleged perpetrator from coming within a specified distance of the alleged victim’s home and workplace. A TRO also prohibits personal and telephone contact. Although a TRO does not guarantee that violence will not occur, it does allow the police to restrain and/or arrest the perpetrator before any actual intent to engage in further violent behavior becomes apparent.

You can obtain a TRO on behalf of an employee who was subjected to violence or threats of violence in the workplace. You may also be able to seek the TRO on behalf of other employees, at the court’s discretion.15

In USS-POSCO Industries v. Edwards, when a department manager received information from a fellow supervisor about work rule violations committed by an employee, she advised the employee that continued violations would result in disciplinary action. She later learned of threatening remarks the employee made to other employees who brought the violations to the manager’s attention.

The investigation revealed additional threats, creating concern that the employee, who boasted about having a gun in his car, might harm someone at the plant. The department manager also feared that her reprimand might lead to retaliation.

The corporate labor relations manager requested a TRO on behalf of the department manager. Civil Procedure Code section 527.8 provides that any employer can seek a TRO and injunction on behalf of any employee who suffered unlawful violence or a credible threat of violence by an individual. The TRO was granted, as was a permanent injunction, extending the TRO for three years. The employee appealed, arguing that the law did not authorize the injunction because he did not directly threaten the department manager.

The appeals court disagreed. A credible generalized threat of violence against employees is enough to permit an employer to seek relief on behalf a particular employee, despite the absence of a direct threat against that employee.16

Notify Workplace Violence Victims of Workers’ Compensation Benefits

The Workers’ Compensation Appeals Board (WCAB) determines whether to grant or deny a workers’ compensation claim. If a third party injures or kills an employee during the course of that worker’s employment, the WCAB may determine that the employee was injured or killed solely because of the third party’s beliefs about the employee’s perceived race, religious creed, color, national origin, age, gender, disability, sex or sexual orientation. This determination doesn’t mean that a personal relationship or connection exists between the employee and the third party.17

If an employees who has suffered workplace violence is entitled to workers’ compensation benefits, employers are obligated to provide the victim appropriate notice of the benefits for which they are eligible, which may include:

• Medical treatment for any injuries resulting from the incident, including psychiatric injuries;
• Lost wages; and
• Rehabilitation services.

You must provide the written notice either personally or by First Class mail within one day of the employment crime or within one day of the date that you should have reasonably known of the crime.18 For more information on workers’ compensation, see Workers’ Compensation.

• Workers’ Compensation Benefits for Victims of Workplace Violence

Consider Other Employee Benefits

Victims of workplace violence also are entitled to the same leave protections as any other employee. An employee who has suffered a serious health condition, whether mental or physical, as a result of workplace violence may be entitled to family and medical leave. For more information, see Family and Medical Leave.

Special leaves of absence may apply as well:

• Employees who are victims of domestic violence, stalking, sexual assault, or other crimes that cause physical or mental injuries are permitted to take time off for legal proceedings and/or medical treatment. For more information, see Domestic Violence, Sexual Assault and Stalking Victims’ Leave. They can also use paid sick leave under California’s Healthy Workplaces, Healthy Families Act. For more information, see Paid Sick Leave.
• An employee who is the victim of a violent felony may take time off to attend judicial proceedings related to the crime. For more information, see Victims’ Leave and Accommodation.
• Finally, a victim of workplace violence may be eligible for disability accommodation under the California Fair Employment and Housing Act and the federal Americans with Disabilities Act. For more information, see Disability Leave.

Whether the employee is entitled to compensation during such leaves will depend on the employer’s policy and practice. Employees using mandatory paid sick leave are entitled to compensation.

Providing ongoing support to employee victims is also a best practice. That support may include access to an employee assistance program, on-site counseling or team building. Employers should remain flexible in the aftermath of an incident and support employees as needed.

1. Lab. Code secs. 6401.9(e)(2)(D)

2. Lab. Code sec. 6401.9(c)(2)(K)

3. Lab. Code sec. 6401.9(c)(2)(F)

4. Lab. Code sec. 6401.9(f)

5. Franklin v. The Monadnock Company et al., 151 Cal. App. 4th 252 (2007)

6. Lab. Code sec. 6401.9(d)

7. Lab. Code sec. 6401.9(f)

8. Lab. Code sec. 6401.9(f)(6)

9. 8 CCR secs. 14300-14400

10. 8 CCR secs. 14300.1, 14300.2

11. 8 CCR sec. 3342

12. Code of Civil Procedure sec. 527.8

13. Code of Civil Procedure sec. 527.8(a)

14. Code of Civil Procedure sec. 527.85

15. Code of Civil Procedure sec. 527.8

16. USS-POSCO Industries v. Edwards, 111 Cal. App. 4th 436 (2003)

17. Lab. Code sec. 3600(c)

18. Lab. Code sec. 3553