California’s workplace violence prevention standards require employers to develop and put into their plan specific procedures for communicating with employees regarding workplace violence matters, including, how an employee can report a violent incident, threat or other workplace violence concern to the employer or law enforcement without fear of reprisal; how employee concerns will be investigated; and how employees will be informed of the investigation’s results and any corrective actions.1 Additionally, employers must instruct employees on how to obtain a copy of the workplace violence prevention plan and related records to which they are entitled under the law.2

In addition to covering these required topics in workplace violence prevention training, a workplace violence prevention policy can be a useful tool through which employers communicate these procedures to employees as required by law.

A policy is also an effective way to clearly state your expectations of employees with respect to violence, including threats of violence and workplace bullying. Studies suggest that the overwhelming majority of the population will acquiesce to expectations when those expectations are clearly stated and understood.

An effective workplace violence policy must state that the organization takes a proactive approach to violence, and that it will tolerate neither violent behavior nor any behavior that is known to have a high correlation to violent behavior, such as bullying and threats of violence.

It is important for all employees to be made aware:

• That it is their responsibility to report behavior (on the part of fellow employees, customers, visitors, etc.) that falls within California’s definition of workplace violence (see Defining Workplace Violence Under the Law);
• Of the procedures for how to report workplace violence incidents and concerns;
• How employees’ reports and concerns will be investigated, and how they will be made aware of the results and/or corrections; and
• That there will be no retaliation against any employee for making such a report. This should be clearly stated in your workplace violence prevention policy.

The policy should also inform employees as to the existence of and adherence to the employer's workplace violence prevention plan, which nearly all employers are required to have in writing, effective July 1, 2024, as well as how to access the plan, which employees have the right to do. For more information, see Workplace Violence Prevention Plan.

• Note that the workplace violence prevention policy and the workplace violence prevention plan are two separate and distinct documents that align in their positioning but serve two different purposes. The policy should state the organization's position on workplace violence and require that employees follow the comprehensive workplace violence prevention plan.

Any acts that breach the policy will be investigated and appropriate action will be taken. The best policies also list unacceptable behaviors. The policy must also state very clearly that policy breaches can lead to discipline, up to and including termination. This information must also be in the company's workplace violence prevention plan, but it's important to communicate it through a policy as well, which is generally more widely distributed and accessible (e.g., employee handbook, company intranet, posting in common areas, etc.) than the lengthy workplace violence prevention plan.

• CalChamber’s Employee Handbook Creator® can help you easily create an employee handbook that contains this policy. Purchase at the CalChamber store at store.calchamber.com.

Policy To-Do List

• Detail your expectations of employees; your policy also may be used as a tool to support disciplinary action taken against the employee.
• Refer to and emphasize the importance of — and compliance with — your company's workplace violence prevention plan.
• Ensure the policy communicates the following information:
• How employees can report workplace violence incidents and concerns.
• How the company investigates workplace violence incidents and concerns.
• That employees will not be retaliated against for reporting workplace violence hazards, incidents or concerns.
• How employees can obtain a copy of the employers' plan and related records to which they are entitled.
• Ensure employees are made aware of your policy through training, employee handbooks, or any other effective means of distribution. Your policy is most effective when publicized and used to guide employee behavior.
• Write (or re-edit) your policy to make sure that it’s written in clear and concise language. Studies suggest 90 to 95 percent of the population will acquiesce to expectations when expectations are clear.3
• Specifically address bullying in your policy; indicate to your employees that will not be tolerated and should be reported just as an act of violence would be reported.
• Make sure everyone, including vendors, is familiar with your policy.
• State that there is “zero tolerance” for violence (meaning each allegation will be investigated and dealt with appropriately).
• Prohibit weapons on premises, at functions and while conducting any company business.
• Specifically mention that under California law, a “threat of violence” constitutes “workplace violence” and will be disciplined accordingly.
• Require that supervisors document and report acts/threats of violence to human resources (even if the supervisor believes they have dealt with the issues sufficiently). This is mandatory per California's workplace violence prevention law.

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

2. Lab. Code sec. 6401.9(e)(2)(A)

3. FBI’s National Center for the Analysis of Violent Crimes