SB 553: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-30
Current Status:
Passed
(2023-09-30: Chaptered by Secretary of State. Chapter 289, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill, commencing January 1, 2025, would also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. Under the bill, an employees request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health (division) within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards board (standards board).
This bill would require an employer, as specified, to also establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information. The bill would require the employer to record information in a violent incident log for every workplace violence incident, as specified. The bill would require the employer to provide effective training to employees on the workplace violence prevention plan, among other things, and provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The bill would require records of workplace violence hazard identification, evaluation, and correction and training records to be created and maintained, and violent incident logs and workplace incident investigation records to be maintained, as specified. The bill would require certain records to be made available to the division, employees, and employee representatives, as specified. The bill would make these requirements operative on and after July 1, 2024.
Existing law requires the division to issue, with reasonable promptness, a citation to an employer if, upon inspection or investigation, the division believes the employer has violated any standard, rule, order, or regulation established pursuant to specified provisions of law. Existing law specifies procedures for issuance of the citation and provides there is a rebuttable presumption that a violation is enterprise-wide if an employer has multiple worksites and the division has evidence of a pattern or practice of the same violation or violations committed by the employer involving more than one of their worksites, or if the employer has a written policy or procedure that violates specified provisions of law, except as provided. Existing law also authorizes the division to impose certain civil penalties pursuant to specified law, including when any employer violates any occupational safety or health standard, order, or special order, depending on whether the violation is serious.
This bill would require the division to enforce the workplace violence prevention plan and related requirements by issuance of a citation and a notice of civil penalty, as specified. The bill would authorize the appeal of a citation and penalty, as specified. The bill would require the division to propose, no later than December 1, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the bill, as specified.
This bill would also require every employer to include the workplace violence prevention plan as part of their effective injury prevention program, a violation of which is a misdemeanor in specified circumstances. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure added by SB 428 to be operative only if this bill and SB 428 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill, commencing January 1, 2025, would also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. Under the bill, an employees request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health (division) within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards board (standards board).
This bill would require an employer, as specified, to also establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information. The bill would require the employer to record information in a violent incident log for every workplace violence incident, as specified. The bill would require the employer to provide effective training to employees on the workplace violence prevention plan, among other things, and provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The bill would require records of workplace violence hazard identification, evaluation, and correction and training records to be created and maintained, and violent incident logs and workplace incident investigation records to be maintained, as specified. The bill would require certain records to be made available to the division, employees, and employee representatives, as specified. The bill would make these requirements operative on and after July 1, 2024.
Existing law requires the division to issue, with reasonable promptness, a citation to an employer if, upon inspection or investigation, the division believes the employer has violated any standard, rule, order, or regulation established pursuant to specified provisions of law. Existing law specifies procedures for issuance of the citation and provides there is a rebuttable presumption that a violation is enterprise-wide if an employer has multiple worksites and the division has evidence of a pattern or practice of the same violation or violations committed by the employer involving more than one of their worksites, or if the employer has a written policy or procedure that violates specified provisions of law, except as provided. Existing law also authorizes the division to impose certain civil penalties pursuant to specified law, including when any employer violates any occupational safety or health standard, order, or special order, depending on whether the violation is serious.
This bill would require the division to enforce the workplace violence prevention plan and related requirements by issuance of a citation and a notice of civil penalty, as specified. The bill would authorize the appeal of a citation and penalty, as specified. The bill would require the division to propose, no later than December 1, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the bill, as specified.
This bill would also require every employer to include the workplace violence prevention plan as part of their effective injury prevention program, a violation of which is a misdemeanor in specified circumstances. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure added by SB 428 to be operative only if this bill and SB 428 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill, commencing January 1, 2025, would also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. Under the bill, an employees request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health (division) within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards board (standards board).
This bill would require an employer, as specified, to also establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information. The bill would require the employer to record information in a violent incident log for every workplace violence incident, as specified. The bill would require the employer to provide effective training to employees on the workplace violence prevention plan, among other things, and provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The bill would require records of workplace violence hazard identification, evaluation, and correction and training records to be created and maintained, and violent incident logs and workplace incident investigation records to be maintained, as specified. The bill would require certain records to be made available to the division, employees, and employee representatives, as specified. The bill would make these requirements operative on and after July 1, 2024.
Existing law requires the division to issue, with reasonable promptness, a citation to an employer if, upon inspection or investigation, the division believes the employer has violated any standard, rule, order, or regulation established pursuant to specified provisions of law. Existing law specifies procedures for issuance of the citation and provides there is a rebuttable presumption that a violation is enterprise-wide if an employer has multiple worksites and the division has evidence of a pattern or practice of the same violation or violations committed by the employer involving more than one of their worksites. Existing law also authorizes the division to impose a civil penalty pursuant to specified law, including when any employer violates any occupational safety or health standard, order, or special order, if the violation is a serious violation.
This bill would require the division to enforce the workplace violence prevention plan and related requirements by issuance of a citation and a notice of civil penalty, as specified. The bill would authorize the appeal of a citation and penalty, as specified. The bill would require the division to propose, no later than December 1, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the bill, as specified.
This bill would also require every employer to include the workplace violence prevention plan as part of their effective injury prevention program, a violation of which is a misdemeanor in specified circumstances. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure added by SB 428 to be operative only if this bill and SB 428 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill, commencing January 1, 2025, would also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. Under the bill, an employees request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health (division) within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board. board (standards board).
This bill would require every an employer, as defined, specified, to also establish, implement, and maintain, at all times in all of the employers facilities, a work areas, an effective workplace violence prevention plan as part of the injury prevention program, as described. plan containing specified information. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. for every workplace violence incident, as specified. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. on the workplace violence prevention plan, among other things, and provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The bill would require records of workplace violence hazard identification, evaluation, and correction correction and training records to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs. maintained, and violent incident logs and workplace incident investigation records to be maintained, as specified. The bill would require certain records to be made available to the division, employees, and employee representatives, as specified. The bill would make these requirements operative on and after July 1, 2024.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.Existing law requires the division to issue, with reasonable promptness, a citation to an employer if, upon inspection or investigation, the division believes the employer has violated any standard, rule, order, or regulation established pursuant to specified provisions of law. Existing law specifies procedures for issuance of the citation and provides there is a rebuttable presumption that a violation is enterprise-wide if an employer has multiple worksites and the division has evidence of a pattern or practice of the same violation or violations committed by the employer involving more than one of their worksites. Existing law also authorizes the division to impose a civil penalty pursuant to specified law, including when any employer violates any occupational safety or health standard, order, or special order, if the violation is a serious violation.
This bill would require the division to enforce the workplace violence prevention plan and related requirements by issuance of a citation and a notice of civil penalty, as specified. The bill would authorize the appeal of a citation and penalty, as specified. The bill would require the division to propose, no later than December 1, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the bill, as specified.
This bill would also require every employer to include the workplace violence prevention plan as part of their effective injury prevention program, a violation of which is a misdemeanor in specified circumstances. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, bill, commencing January 1, 2025, would also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would require an employer or collective bargaining representative of an employee, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. Under the bill, an employees request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, commencing January 1, 2025, also authorize a collective bargaining representative of an employee, as described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would would, commencing January 1, 2025, also authorize a collective bargaining representative of an employee, as described above, described, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would also authorize a collective bargaining representative of an employee, as described above, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain maintain, at all times in all of the employers facilities, a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would also authorize a collective bargaining representative of an employee, as described above, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board.
This bill would require every employer, as defined, to also establish, implement, and maintain a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would also authorize a collective bargaining representative of an employee, as described above, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. The bill would make various conforming changes.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board. The act requires the standards board to adopt standards developed by the division that require specified types of hospitals to adopt a workplace violence prevention plan as a part of the hospitals injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior, as prescribed (hospital standards).
This bill would require the division, by an unspecified date, to adopt standards that require an employer that is not subject to the hospital standards to adopt a workplace violence prevention plan as a part of the employers injury and illness prevention plan to protect employees from aggressive and violent behavior, as prescribed. The bill would require the standards adopted by the division to be consistent with the hospital standards, except as the division determines to be necessary to apply to the employers covered under the new standards.This bill would require every employer, as defined, to also establish, implement, and maintain a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury prevention program, and makes specified violations of these provisions a crime. The act is enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations, including the enforcement of standards adopted by the Occupational Safety and Health Standards Board. The act requires the standards board to adopt standards developed by the division that require specified types of hospitals to adopt a workplace violence prevention plan as a part of the hospitals injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior, as prescribed (hospital standards).
This bill would require the division, by an unspecified date, to adopt standards that require an employer that is not subject to the hospital standards to adopt a workplace violence prevention plan as a part of the employers injury and illness prevention plan to protect employees from aggressive and violent behavior, as prescribed. The bill would require the standards adopted by the division to be consistent with the hospital standards, except as the division determines to be necessary to apply to the employers covered under the new standards.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall become operative on January 1, 2025.
SEC. 2.5.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Harassment is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment, unlawful violence, or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall become operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read: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 employees choice, which is not under the control of the employer.
(F)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, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(3)Notwithstanding paragraph (1), 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 this section.
(c)(1)(A)An employer shall establish, implement, and maintain an effective workplace violence prevention plan.
(B)The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
(2)The plan shall include all of the following:
(A)Names or job titles of the persons responsible for implementing the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described.
(B)Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
(C)Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and that workplace violence incidents involving any employee are reported, investigated, and recorded.
(D)Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
(E)Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(F)Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
(i)How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal.
(ii)How employee concerns will be investigated as part of the employers responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken as part of the employers responsibility in complying with subparagraph (J).
(G)Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
(i)Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
(ii)Evacuation or sheltering plans that are appropriate and feasible for the worksite.
(iii)How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
(H)Procedures to develop and provide the training required in subdivision (e).
(I)Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
(J)Procedures to correct workplace violence hazards identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(K)Procedures for postincident response and investigation.
(L)Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
(M)Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h).
(d)(1)(A)The employer shall record information in a violent incident log for every workplace violence incident.
(B)Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The log shall be reviewed during the periodic reviews of the plan required in subparagraph (L) of paragraph (2) of subdivision (c).
(C)For purposes of this section, at a multiemployer worksite, the employer or employers whose employees experienced the workplace violence incident shall record the information in a violent incident log pursuant to subparagraph (A) and shall also provide a copy of that log to the controlling employer.
(2)The information recorded in the log shall include all of the following:
(A)The date, time, and location of the incident.
(B)The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident.
(C)A detailed description of the incident.
(D)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(E)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
(F)A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
(G)The type of incident, including, but not limited to, whether it involved any of the following:
(i)Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(ii)Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
(iii)Threat of physical force or threat of the use of a weapon or other object.
(iv)Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
(v)Animal attack.
(vi)Other.
(H)Consequences of the incident, including, but not limited to:
(i)Whether security or law enforcement was contacted and their response.
(ii)Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
(I)Information about the person completing the log, including their name, job title, and the date completed.
(e)(1)The employer shall provide effective training to employees, as specified in paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used.
(2)The employer shall provide employees with initial training when the plan is first established, and annually thereafter, on all of the following:
(A)The employers plan, how to obtain a copy of the employers plan at no cost, and how to participate in development and implementation of the employers plan.
(B)The definitions and requirements of this section.
(C)How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
(D)Workplace violence hazards specific to the employees jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
(E)The violent incident log required by subdivision (d) and how to obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f).
(F)An opportunity for interactive questions and answers with a person knowledgeable about the employers plan.
(3)Additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained for a minimum of five years.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
(3)Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years.
(4)Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) shall be maintained for a minimum of five years. These records shall not contain medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(5)All records required by this subdivision shall be made available to the division upon request for examination and copying.
(6)All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
(g)The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(h)The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
(i)Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024.
SEC. 5.Section 2.5 of this bill incorporates Section 527.8 of the Code of Civil Procedure proposed to be added by both this bill and Senate Bill 428. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill adds Section 527.8 to the Code of Civil Procedure, and (3) this bill is enacted after Senate Bill 428, in which case Section 2 of this bill shall not become operative.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall become operative on January 1, 2025.
SEC. 2.5.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Harassment is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment, unlawful violence, or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall become operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read: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 employees choice, which is not under the control of the employer.
(F)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, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(3)Notwithstanding paragraph (1), 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 this section.
(c)(1)(A)An employer shall establish, implement, and maintain an effective workplace violence prevention plan.
(B)The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
(2)The plan shall include all of the following:
(A)Names or job titles of the persons responsible for implementing the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described.
(B)Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
(C)Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and that workplace violence incidents involving any employee are reported, investigated, and recorded.
(D)Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
(E)Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(F)Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
(i)How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal.
(ii)How employee concerns will be investigated as part of the employers responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken as part of the employers responsibility in complying with subparagraph (J).
(G)Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
(i)Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
(ii)Evacuation or sheltering plans that are appropriate and feasible for the worksite.
(iii)How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
(H)Procedures to develop and provide the training required in subdivision (e).
(I)Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
(J)Procedures to correct workplace violence hazards identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(K)Procedures for postincident response and investigation.
(L)Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
(M)Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h).
(d)(1)(A)The employer shall record information in a violent incident log for every workplace violence incident.
(B)Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The log shall be reviewed during the periodic reviews of the plan required in subparagraph (L) of paragraph (2) of subdivision (c).
(C)For purposes of this section, at a multiemployer worksite, the employer or employers whose employees experienced the workplace violence incident shall record the information in a violent incident log pursuant to subparagraph (A) and shall also provide a copy of that log to the controlling employer.
(2)The information recorded in the log shall include all of the following:
(A)The date, time, and location of the incident.
(B)The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident.
(C)A detailed description of the incident.
(D)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(E)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
(F)A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
(G)The type of incident, including, but not limited to, whether it involved any of the following:
(i)Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(ii)Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
(iii)Threat of physical force or threat of the use of a weapon or other object.
(iv)Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
(v)Animal attack.
(vi)Other.
(H)Consequences of the incident, including, but not limited to:
(i)Whether security or law enforcement was contacted and their response.
(ii)Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
(I)Information about the person completing the log, including their name, job title, and the date completed.
(e)(1)The employer shall provide effective training to employees, as specified in paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used.
(2)The employer shall provide employees with initial training when the plan is first established, and annually thereafter, on all of the following:
(A)The employers plan, how to obtain a copy of the employers plan at no cost, and how to participate in development and implementation of the employers plan.
(B)The definitions and requirements of this section.
(C)How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
(D)Workplace violence hazards specific to the employees jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
(E)The violent incident log required by subdivision (d) and how to obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f).
(F)An opportunity for interactive questions and answers with a person knowledgeable about the employers plan.
(3)Additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained for a minimum of five years.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
(3)Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years.
(4)Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) shall be maintained for a minimum of five years. These records shall not contain medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(5)All records required by this subdivision shall be made available to the division upon request for examination and copying.
(6)All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
(g)The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(h)The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
(i)Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024.
SEC. 5.Section 2.5 of this bill incorporates Section 527.8 of the Code of Civil Procedure proposed to be added by both this bill and Senate Bill 428. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill adds Section 527.8 to the Code of Civil Procedure, and (3) this bill is enacted after Senate Bill 428, in which case Section 2 of this bill shall not become operative.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall be become operative on January 1, 2025.
SEC. 2.5.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Harassment is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment, unlawful violence, or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall become operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read: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 employees choice, which is not under the control of the employer.
(F)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, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(3)Notwithstanding paragraph (1), 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 this section.
(c)(1)(A)An employer shall establish, implement, and maintain an effective workplace violence prevention plan.
(B)The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
(2)The plan shall include all of the following:
(A)Names or job titles of the persons responsible for implementing the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described.
(B)Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
(C)Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and that workplace violence incidents involving any employee are reported, investigated, and recorded.
(D)Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
(E)Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(F)Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
(i)How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal.
(ii)How employee concerns will be investigated as part of the employers responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken as part of the employers responsibility in complying with subparagraph (J).
(G)Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
(i)Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
(ii)Evacuation or sheltering plans that are appropriate and feasible for the worksite.
(iii)How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
(H)Procedures to develop and provide the training required in subdivision (e).
(I)Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
(J)Procedures to correct workplace violence hazards identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(K)Procedures for postincident response and investigation.
(L)Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
(M)Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h).
(d)(1)(A)The employer shall record information in a violent incident log for every workplace violence incident.
(B)Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The log shall be reviewed during the periodic reviews of the plan required in subparagraph (L) of paragraph (2) of subdivision (c).
(C)For purposes of this section, at a multiemployer worksite, the employer or employers whose employees experienced the workplace violence incident shall record the information in a violent incident log pursuant to subparagraph (A) and shall also provide a copy of that log to the controlling employer.
(2)The information recorded in the log shall include all of the following:
(A)The date, time, and location of the incident.
(B)The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident.
(C)A detailed description of the incident.
(D)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(E)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
(F)A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
(G)The type of incident, including, but not limited to, whether it involved any of the following:
(i)Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(ii)Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
(iii)Threat of physical force or threat of the use of a weapon or other object.
(iv)Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
(v)Animal attack.
(vi)Other.
(H)Consequences of the incident, including, but not limited to:
(i)Whether security or law enforcement was contacted and their response.
(ii)Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
(I)Information about the person completing the log, including their name, job title, and the date completed.
(e)(1)The employer shall provide effective training to employees, as specified in paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used.
(2)The employer shall provide employees with initial training when the plan is first established, and annually thereafter, on all of the following:
(A)The employers plan, how to obtain a copy of the employers plan at no cost, and how to participate in development and implementation of the employers plan.
(B)The definitions and requirements of this section.
(C)How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
(D)Workplace violence hazards specific to the employees jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
(E)The violent incident log required by subdivision (d) and how to obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f).
(F)An opportunity for interactive questions and answers with a person knowledgeable about the employers plan.
(3)Additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained for a minimum of five years.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
(3)Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years.
(4)Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) shall be maintained for a minimum of five years. These records shall not contain medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(5)All records required by this subdivision shall be made available to the division upon request for examination and copying.
(6)All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
(g)The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(h)The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
(i)Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024.
SEC. 5.Section 2.5 of this bill incorporates Section 527.8 of the Code of Civil Procedure proposed to be added by both this bill and Senate Bill 428. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill adds Section 527.8 to the Code of Civil Procedure, and (3) this bill is enacted after Senate Bill 428, in which case Section 2 of this bill shall not become operative.
SEC. 5.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(z)This section shall be operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:(A)A person who employs one or more persons to perform services for a wage or salary.(B)The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.(3)Dedicated safety personnel includes, but is not limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employers workplaces.(4)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.(5)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.(6)Employers facilities shall not include facilities operated by the Department of Corrections and Rehabilitation.(7)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.(8)Work practice controls means procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.(9)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:(A)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.(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.(7)Procedures to communicate with employees regarding workplace violence matters, including:(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.(B)How an employee can report a violent incident, threat, or other workplace violence concern.(C)How employees can communicate workplace violence concerns without fear of reprisal.(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which those environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.(B)Poor illumination or blocked visibility of areas where possible assailants may be present.(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.(D)Lack of effective escape routes.(E)Obstacles and impediments to accessing alarm systems.(F)Locations within the facility where alarm systems are not operational.(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.(H)Storage of high-value items or currency.(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.(11)Procedures for postincident response and investigation, including:(A)Providing immediate medical care or first aid to employees who have been injured in the incident.(B)Identifying all employees involved in the incident.(C)Making available individual trauma counseling to all employees affected by the incident.(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.(12)Provisions prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:(1)The date, time, specific location, and department of the incident.(2)A detailed description of the incident.(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.(6)The type of incident, including whether it involved any of the following:(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.(B)Attack with a weapon or object, including a gun, knife, or other object.(C)Threat of physical force or threat of the use of a weapon or other object.(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.(E)Verbal harassment.(F)Animal attack.(G)Other.(7)Consequences of the incident, including:(A)Whether medical treatment was provided to the employee.(B)Who, if anyone, provided necessary assistance to conclude the incident.(C)Whether security was contacted and whether law enforcement was contacted.(D)Amount of lost time from work, if any.(E)Actions taken to protect employees from a continuing threat, if any.(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.(C)Job design, equipment, and facilities.(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:(A)New or modified tasks and procedures that may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.(B)Newly recognized workplace violence hazards.(C)A review and evaluation of workplace violence incidents that result in a serious injury or fatality.(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.(iii)Strategies to avoid physical harm.(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.(v)How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, educational workplace means any workplace where students are educated in any subject matter.(vi)How to prepare for and respond to shoplifting, if the employees work in retail.(vii)The role of private security personnel, if any.(viii)How to report violent incidents to law enforcement.(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply.(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply to these training records.(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.SEC. 4.Section 6401.9 is added to the Labor Code, to read: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 employees choice, which is not under the control of the employer.
(F)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, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
(3)Notwithstanding paragraph (1), 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 this section.
(c)(1)(A)An employer shall establish, implement, and maintain an effective workplace violence prevention plan.
(B)The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
(2)The plan shall include all of the following:
(A)Names or job titles of the persons responsible for implementing the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described.
(B)Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
(C)Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and that workplace violence incidents involving any employee are reported, investigated, and recorded.
(D)Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
(E)Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(F)Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
(i)How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal.
(ii)How employee concerns will be investigated as part of the employers responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken as part of the employers responsibility in complying with subparagraph (J).
(G)Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
(i)Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
(ii)Evacuation or sheltering plans that are appropriate and feasible for the worksite.
(iii)How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement.
(H)Procedures to develop and provide the training required in subdivision (e).
(I)Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
(J)Procedures to correct workplace violence hazards identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(K)Procedures for postincident response and investigation.
(L)Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
(M)Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h).
(d)(1)(A)The employer shall record information in a violent incident log for every workplace violence incident.
(B)Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The log shall be reviewed during the periodic reviews of the plan required in subparagraph (L) of paragraph (2) of subdivision (c).
(2)The information recorded in the log shall include all of the following:
(A)The date, time, and location of the incident.
(B)The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident.
(C)A detailed description of the incident.
(D)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(E)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
(F)A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
(G)The type of incident, including, but not limited to, whether it involved any of the following:
(i)Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(ii)Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
(iii)Threat of physical force or threat of the use of a weapon or other object.
(iv)Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
(v)Animal attack.
(vi)Other.
(H)Consequences of the incident, including, but not limited to:
(i)Whether security or law enforcement was contacted and their response.
(ii)Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
(I)Information about the person completing the log, including their name, job title, and the date completed.
(e)(1)The employer shall provide effective training to employees, as specified in paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used.
(2)The employer shall provide employees with initial training when the plan is first established, and annually thereafter, on all of the following:
(A)The employers plan, how to obtain a copy of the employers plan at no cost, and how to participate in development and implementation of the employers plan.
(B)The definitions and requirements of this section.
(C)How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
(D)Workplace violence hazards specific to the employees jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
(E)The violent incident log required by subdivision (d) and how to obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f).
(F)An opportunity for interactive questions and answers with a person knowledgeable about the employers plan.
(3)Additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained for a minimum of five years.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
(3)Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years.
(4)Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) shall be maintained for a minimum of five years. These records shall not contain medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(5)All records required by this subdivision shall be made available to the division upon request for examination and copying.
(6)All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
(g)The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(h)The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
(i)Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(e)(f)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)(g)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)(h)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)(i)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)(k)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(m)(n)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(q)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(r)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(t)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)(x)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)(z)This section shall be operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Dedicated safety personnel includes, but is not limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employers workplaces.
(4)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(5)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(6)Employers facilities shall not include facilities operated by the Department of Corrections and Rehabilitation.
(7)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(8)Work practice controls means procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(9)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which those environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures that may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents that result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, educational workplace means any workplace where students are educated in any subject matter.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall be operative on January 1, 2025.
SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming with to the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 4.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Dedicated safety personnel includes, but is not limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employers workplaces.
(3)(4)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4)(5)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5)(6)Employers facilities shall not include facilities operated by the Department of Corrections and Rehabilitation.
(6)(7)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(7)(8)Work practice controls means procedures, rules, and staffing which that are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(8)(9)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such those environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures which that may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents which that result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, educational workplace means any workplace where students are educated in any subject matter.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer or collective bargaining representative of an employer, whose employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person shall be considered a collective bargaining representative for all employees named in the petition for a temporary restraining order and an order after hearing, regardless of whether those employees are represented by the collective bargaining representative for purposes of collective bargaining with respect to conditions of employment under the employer, if the person serves as a collective bargaining representative for at least one employee who works for the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), a current employee of the entity requesting the order, the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude any either party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Any Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.Section 527.8 is added to the Code of Civil Procedure, to read:527.8.(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall be operative on January 1, 2025.
SEC. 2.SEC. 3.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming with the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 3.SEC. 4.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5)Employers facilities shall not include facilities operated by the Department of Corrections and Rehabilitation.
(6)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(7)Work practice controls means procedures, rules, and staffing which are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(8)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.(C)(B)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures which may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents which result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, educational workplace means any workplace where students are educated in any subject matter.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the California Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. A collective bargaining representative seeking a temporary restraining order and an order after hearing on behalf of employees at other workplaces of the employer shall also be the collective bargaining representative of those other employees. For purposes of this section only, a person shall be considered a collective bargaining representative for all employees named in the petition for a temporary restraining order and an order after hearing, regardless of whether those employees are represented by the collective bargaining representative for purposes of collective bargaining with respect to conditions of employment under the employer, if the person serves as a collective bargaining representative for at least one employee who works for the employer.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming with the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 3.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A) A person who employs one or more persons to perform services for a wage or salary.
(B) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5)Employers facilities shall not include facilities operated by the Department of Corrections and Rehabilitation.
(5)(6)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(6)(7)Work practice controls means procedures, rules, and staffing which are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(7)(8)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.
(C)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures which may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents which result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace. Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, educational workplace means any workplace where students are educated in any subject matter.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. A collective bargaining representative seeking a temporary restraining order and an order after hearing on behalf of employees at other workplaces of the employer shall also be the collective bargaining representative of those other employees.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming with the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 3.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A)A person who employs five one or more persons to perform services for a wage or salary.
(B)The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(6)Work practice controls means procedures, rules, and staffing which are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(7)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.
(C)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures which may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents which result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any employer, whose employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. A collective bargaining representative seeking a temporary restraining order and an order after hearing on behalf of employees at other workplaces of the employer shall also be the collective bargaining representative of those other employees.
(b)For purposes of this section:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her their safety, or the safety of his or her their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite.
(4)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employees workplace or workplaces.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee. The temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current employee of the entity requesting the order, currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall issue prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive his or her their right to notice if he or she is they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either any party from representation by private counsel or from appearing on his or her the partys own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that, if he or she does they do not attend the hearing, the court may make orders against him or her them that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms he or she owns or possesses they own or possess pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee of employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. No A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. No A fee shall not be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6401.7 of the Labor Code is amended to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(7)A workplace violence prevention plan conforming with the requirements of Section 6401.9.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
SEC. 3.Section 6401.9 is added to the Labor Code, to read:6401.9.(a)For purposes of this section, the following definitions apply:
(1)Employer means either of the following, but does not include an employer subject to Section 3342 of Title 8 of the Code of Regulations:
(A)A person who employs five or more persons to perform services for a wage or salary.
(B)The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(2)Alarm means a mechanical, electrical, or electronic device that does not rely upon an employees vocalization in order to alert others.
(3)Engineering controls means 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. For purposes of reducing workplace violence hazards, engineering controls include, but are not limited to, electronic access controls to employee occupied areas, installed or handheld weapon detectors, enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, closed-circuit television monitoring and video recording, sight aids, and personal alarm devices.
(4)Environmental risk factors means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. Environmental risk factors include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
(5)Threat of violence means a statement or conduct that causes a person to fear for the persons safety because there is a reasonable possibility the person might be physically injured, and that serves no legitimate purpose.
(6)Work practice controls means procedures, rules, and staffing which are used to effectively reduce workplace violence hazards. Work practice controls include, but are not limited to, appropriate staffing levels, provision of dedicated safety personnel, such as security guards, employee training on workplace violence prevention methods, and employee training on procedures to follow in the event of a workplace violence incident.
(7)Workplace violence means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
(A)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.
(B)Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment based at least in part on one or more actual or perceived characteristics listed in subdivision (a) of Section 422.55 of the Penal Code.
(C)An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(b)As part of the injury prevention program required by Section 6401.7, every employer shall establish, implement, and maintain, at all times in all of the employers facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include all of the following elements:
(1)The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
(2)Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
(3)Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and shall ensure that workplace violence incidents involving any employee are reported, investigated, and recorded.
(4)Effective procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts. The procedure may establish a central coordination procedure and shall also include a policy statement prohibiting the employer from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
(5)Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
(6)Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
(7)Procedures to communicate with employees regarding workplace violence matters, including:
(A)How employees will document and communicate to other employees and between shifts and departments, facilities, or operations, information regarding conditions that may increase the potential for workplace violence incidents.
(B)How an employee can report a violent incident, threat, or other workplace violence concern.
(C)How employees can communicate workplace violence concerns without fear of reprisal.
(D)How employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken.
(8)Procedures to develop and provide the training required in subdivision (e). Employees and their collective bargaining representatives, if any, shall be allowed to participate in developing the training.
(9)Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation. These procedures shall include a review of all workplace violence incidents that occurred in the facility, department, or operation within the previous year, regardless of whether an injury occurred. This shall also include procedures to identify and evaluate environmental risk factors for workplace violence in each facility, department, or operation of the establishment, including surrounding areas, such as employee parking areas and other outdoor areas. Assessment tools, environmental checklists, or other effective means shall be used to identify locations and situations where violent incidents are more likely to occur. These procedures shall specify the frequency with which such environmental assessments will take place. Environmental risk factors shall include, but are not limited to, the following:
(A)Employees working in locations isolated from other employees because their assignment requires them to work alone, in remote locations, during night or early morning hours, or where an assailant could prevent entry into the work area by responders or other employees.
(B)Poor illumination or blocked visibility of areas where possible assailants may be present.
(C)Lack of physical barriers between employees and persons at risk of committing workplace violence.
(D)Lack of effective escape routes.
(E)Obstacles and impediments to accessing alarm systems.
(F)Locations within the facility where alarm systems are not operational.
(G)Entryways where unauthorized entrance may occur, such as doors designated for staff entrance or emergency exits.
(H)Storage of high-value items or currency.
(10)Procedures to correct workplace violence hazards in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard. The procedures shall also include, when an identified corrective measure cannot be implemented within this timeframe, interim measures the employer will take to abate the imminent or serious nature of the hazard while completing the permanent control measures. Corrective measures shall include, but are not limited to, the following:
(A)Ensuring that sufficient numbers of staff are trained and available to prevent and immediately respond to workplace violence incidents during each shift. A staff person is not considered to be available if other assignments prevent the person from immediately responding to an alarm or other notification of a violent incident.
(B)Providing line of sight or other immediate communication in all areas where members of the public may be present. This may include removal of sight barriers, provision of surveillance systems or other sight aids such as mirrors, use of a buddy system, improving illumination, or other effective means.
(C)Configuring facility spaces so that employee access to doors and alarm systems cannot be impeded by persons or obstacles.
(D)Maintaining sufficient staffing, including security personnel, who can maintain order in the facility and respond to workplace violence incidents in a timely manner.
(E)Installing, implementing, and maintaining the use of an alarm system or other effective means by which employees can summon security and other aid to defuse or respond to an actual or potential workplace violence emergency.
(F)Creating an effective means by which employees can be alerted to the presence, location, and nature of a security threat.
(G)Establishing an effective response plan for actual or potential workplace violence emergencies that includes obtaining help from facility security or law enforcement agencies as appropriate. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm to assist other staff. The response plan shall also include procedures to respond to mass casualty threats, such as active shooters, by developing evacuation or sheltering plans that are appropriate and feasible for the facility, a procedure for warning employees of the situation, and a procedure for contacting the appropriate law enforcement agency.
(11)Procedures for postincident response and investigation, including:
(A)Providing immediate medical care or first aid to employees who have been injured in the incident.
(B)Identifying all employees involved in the incident.
(C)Making available individual trauma counseling to all employees affected by the incident.
(D)Referring employees affected by the incident to worker wellness centers, or employee assistance programs, as appropriate and available.
(E)Conducting a postincident debriefing as soon as possible after the incident with all employees, supervisors, and security involved in the incident.
(F)Reviewing whether appropriate corrective measures developed under the workplace violence prevention plan, such as adequate staffing, provision and use of alarms or other means of summoning assistance, and response by staff or law enforcement, were effectively implemented.
(G)Soliciting from the injured employee and other personnel involved in the incident, and their collective bargaining representative, if any, their opinions regarding the cause of the incident, and whether any measure would have prevented the injury.
(12)Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
(c)The employer shall record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with paragraph (11) of subdivision (b). Information about each incident shall be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the persons name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the persons identity. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan required in subdivision (d). The information recorded in the violent incident log shall include, but is not limited to:
(1)The date, time, specific location, and department of the incident.
(2)A detailed description of the incident.
(3)A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
(4)A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, in a high crime area, isolated or alone, unable to get help or assistance, working in a community setting, working in an unfamiliar or new location, or other circumstances.
(5)A classification of where the incident occurred, including, but not limited to, whether it was in an office, sales floor, hallway, restroom or bathroom, parking lot or other area outside the building, personal residence, break room, cafeteria, or other area.
(6)The type of incident, including whether it involved any of the following:
(A)Physical attack, including biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
(B)Attack with a weapon or object, including a gun, knife, or other object.
(C)Threat of physical force or threat of the use of a weapon or other object.
(D)Sexual assault or threat, including rape or attempted rape, physical display, or unwanted verbal or physical sexual contact.
(E)Verbal harassment.
(F)Animal attack.
(G)Other.
(7)Consequences of the incident, including:
(A)Whether medical treatment was provided to the employee.
(B)Who, if anyone, provided necessary assistance to conclude the incident.
(C)Whether security was contacted and whether law enforcement was contacted.
(D)Amount of lost time from work, if any.
(E)Actions taken to protect employees from a continuing threat, if any.
(8)Information about the person completing the violent incident log, including their name, job title, phone number, email address, and the date completed.
(d)(1)The employer shall establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees respective work areas, services, and operations. Problems found during the review shall be corrected in accordance with paragraph (10) of subdivision (b). The review shall include an evaluation of the following:
(A)Staffing, including staffing patterns that contribute to, or are insufficient to address, the risk of violence.
(B)Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
(C)Job design, equipment, and facilities.
(D)Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
(2)Based on the review in paragraph (1), the workplace violence prevention plan shall be updated, in accordance with subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 3203 of Title 8 of the Code of Regulations, in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. When an update is necessary pursuant to this paragraph for only part of the facility or operation, the update may be limited to the employees in the units or operations affected by the update, independently of the annual review for the facility as a whole, as described in paragraph (1). The updates shall include the following:
(A)New or modified tasks and procedures which may affect how the workplace violence prevention plan is implemented, such as changes in staffing, engineering controls, construction or modification of the facilities, evacuation procedures, alarm systems and emergency response.
(B)Newly recognized workplace violence hazards.
(C)A review and evaluation of workplace violence incidents which result in a serious injury or fatality.
(D)A review and response to information indicating that the workplace violence prevention plan is deficient in any area.
(e)(1)The employer shall provide effective training to employees, as specified in paragraph (2), that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. The employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program. Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. All employees of the employer shall receive all training required by this subdivision in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
(2)All employees working in the facility, unit, service, or operation shall be provided all of the following trainings:
(A)Initial training when the workplace violence prevention plan is first established and when an employee is newly hired or newly assigned to perform duties for which the training required in this subparagraph was not previously provided. The training required by this subparagraph shall address the workplace violence hazards identified in the facility, unit, service, or operation, shall address the corrective measures the employer has implemented, and shall include the following:
(i)An explanation of the employers workplace violence prevention plan, including the employers hazard identification and evaluation procedures, general and personal safety measures the employer has implemented, how the employee may communicate concerns about workplace violence without fear of reprisal, how the employer will address workplace violence incidents, and how the employee can participate in reviewing and revising the plan.
(ii)How to recognize the potential for violence, factors contributing to the escalation of violence and how to counteract them, and when and how to seek assistance to prevent or respond to violence.
(iii)Strategies to avoid physical harm.
(iv)How to recognize alerts, alarms, or other warnings about emergency conditions such as mass casualty threats and how to use identified escape routes or locations for sheltering, as applicable.
(v)How to prepare for and respond to an active shooter scenario at the workplace.
(vi)How to prepare for and respond to shoplifting, if the employees work in retail.
(vii)The role of private security personnel, if any.
(viii)How to report violent incidents to law enforcement.
(ix)Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs.
(x)An opportunity for interactive questions and answers with a person knowledgeable about the employers workplace violence prevention plan,
(B)Additional training, which shall be provided when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified. The additional training may be limited to addressing the new equipment or work practice or new workplace hazard.
(C)Training on the topics in clauses (i) to (x), inclusive, of subparagraph (A) at least annually thereafter.
(f)(1)Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained in accordance with paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations, except that the exception to paragraph (1) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply.
(2)Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. Exception No. 1 to paragraph (2) of subdivision (b) of Section 3203 of Title 8 of the Code of Regulations shall not apply to these training records.
(3)Records of violent incidents, including, but not limited to, violent incident logs required by subdivision (c) and workplace violence injury investigations conducted pursuant to paragraph (11) of subdivision (b), shall be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain medical information, as defined by subdivision (i) of Section 56.05 of the Civil Code.
(4)All records required by this subdivision shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
(g)An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
SEC. 2.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding Section 142.3, the division, no later than ____, shall adopt standards that require an employer, except as subject to standards adopted pursuant to Section 6401.8, to adopt a workplace violence prevention plan as a part of its injury and illness prevention plan to protect employees from aggressive and violent behavior.
(b)The standards adopted pursuant to subdivision (a) shall be consistent with those required to be adopted pursuant to Section 6401.8, except as the division determines to be necessary to apply to the employers described in subdivision (a).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Sep 30, 2023 | Chaptered by Secretary of State. Chapter 289, Statutes of 2023. |
| Sep 30, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 12, 2023 | Assembly amendments concurred in. (Ayes 29. Noes 8. Page 2615.) Ordered to engrossing and enrolling. |
| Sep 11, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 11, 2023 | Read third time. Passed. (Ayes 55. Noes 17. Page 3202.) Ordered to the Senate. |
| Sep 7, 2023 | Read third time and amended. |
| Sep 7, 2023 | Ordered to third reading. |
| Sep 7, 2023 | Assembly Rule 69 suspended. (Ayes 62. Noes 15. Page 3010.) |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2023 | From committee: Do pass as amended. (Ayes 10. Noes 4.) (September 1). |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jul 10, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 6, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 5). |
| Jun 29, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on JUD. |
| Jun 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E. |
| Jun 15, 2023 | Referred to Coms. on L. & E. and JUD. |
| Jun 1, 2023 | In Assembly. Read first time. Held at Desk. |
| May 31, 2023 | Read third time. Passed. (Ayes 29. Noes 8. Page 1401.) Ordered to the Assembly. |
| May 23, 2023 | Read second time. Ordered to third reading. |
| May 22, 2023 | Read third time and amended. |
| May 22, 2023 | Ordered to second reading. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 5. Noes 2. Page 1175.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1. Page 894.) (April 25). Re-referred to Com. on APPR. |
| Apr 19, 2023 | Re-referred to Com. on JUD. |
| Apr 17, 2023 | Read second time and amended. Re-referred to Com. on RLS. |
| Apr 14, 2023 | Set for hearing April 25 in JUD. pending receipt. |
| Apr 13, 2023 | From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 5. Noes 0. Page 712.) (April 12). |
| Mar 28, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R. |
| Mar 21, 2023 | Set for hearing April 12. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R. |
| Feb 22, 2023 | Referred to Com. on L., P.E. & R. |
| Feb 16, 2023 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 12, 2023 | Unfinished Business SB553 Cortese et al. Concurrence | Senate Floor |
Passed |
|
| Sep 11, 2023 | SB 553 Cortese Senate Third Reading By Ortega | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 5, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Jun 28, 2023 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Labor and Employment |
Passed |
|
| May 31, 2023 | Senate 3rd Reading SB553 Cortese | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 12, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Rules] | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 7-11 Franchisee Owners Association | ** Against | |
| Acclamation Insurance Management Services | ** Against | |
| Agricultural Council Of California | ** Against | |
| Air Conditioning Sheet Metal Association | ** Against | |
| Allied Managed Care | ** Against | |
| Amalgamated Transit Union | * Support | Jun 28, 2023 |
| american council of engineering companies | ** Against | |
| American Council of Engineering Companies, California | ** Against | |
| american federation of state county and municipal employees | ** Support | |
| American Pistachio Growers | ** Against | |
| Apex Group | * Against | Jun 28, 2023 |
| Associated General Contractors Of California | ** Against | |
| ASSOCIATED GENERAL CONTRACTORS SAN DIEGO CHAPTER | ** Against | |
| Associated Roofing Contractors | ** Against | |
| Association Of California School Administrators | ** Against | |
| Association of California School Superintendents | * Against | Jul 5, 2023 |
| Bizfed Los Angeles County Business Federation | ** Against | |
| California Alliance For Retired Americans | ** Support | |
| California Apartment Association | ** Against | |
| California Association Of Sheet Metal Air Conditioning Contractors National Association | ** Against | |
| California Association Of Winegrape Growers | ** Against | |
| California Attractions And Parks Association | ** Against | |
| California Bankers Association | ** Against | |
| California Beer and Beverage Distributors | ** Against | |
| California Builders Alliance | ** Against | |
| California Building Industry Association | ** Against | |
| California Business Roundtable | ** Against | |
| California Chamber Of Commerce | ** Against | |
| California Conference Board Of The Amalgamated Transit Union | ** Support | |
| California Conference Of Machinists | ** Support | |
| California Conference of the Plumbing Heating and Piping Industry | ** Against | |
| California Cotton Ginners and Growers Association | ** Against | |
| California County Superintendents | ** Against | |
| California Craft Brewers Association | ** Against | |
| California Distributors Association | ** Against | |
| California District Attorneys Association | ** Against | |
| California Farm Bureau | ** Against | |
| California Federation of Teachers, AFL-CIO | ** Support | |
| California Food and Farming Network | ** Support | |
| California Framing Contractors Association | ** Against | |
| California Fresh Food Association | * Against | Jun 28, 2023 |
| California Fresh Fruit Association | ** Against | |
| California Grocers Association | ** Against | |
| California Hispanic Chambers Of Commerce | ** Against | |
| California Hotel & Lodging Association | ** Against | |
| California Independent Petroleum Association | ** Against | |
| California Institute for Rural Studies | ** Support | |
| California Labor Federation, Afl-Cio | ** Support | |
| California Landscape Contractors Association | ** Against | |
| California League Of Food Processors | * Support | Apr 12, 2023 |
| California League of Food Producers | ** Against | |
| California Manufacturers & Technology Association | ** Against | |
| California Nurses Association | ** Support | |
| California Pool & Spa Association | ** Against | |
| California Restaurant Association | ** Against | |
| California Retailers Association | ** Against | |
| California Rural Legal Assistance Foundation | ** Support | |
| California School Employees Association | ** Support | |
| California Special Districts Association | ** Against | |
| California State Association Of Counties | ** Against | |
| California State Beekeepers Association | ** Against | |
| California State Council of Service Employees International Union | ** Support | |
| California State Council of The Society for Human Resource Management | ** Against | |
| California State Legislative Board, Sheet Metal, Air, Rail and Transportation Workers - Transportation Division | ** Support | |
| California Teachers Association | ** Support | |
| California Teamsters Public Affairs Council | ** Support | |
| California Travel Association | ** Against | |
| California Trucking Association | ** Against | |
| Central California Environmental Justice Network | ** Support | |
| Central Coast Alliance United for a Sustainable Economy | ** Support | |
| City of Oceanside | ** Against | |
| City Of Placentia | ** Against | |
| Coalition of Small and Disabled Veteran Businesses | ** Against | |
| Construction Employers' Association | ** Against | |
| Engineers and Scientists of California, IFPTE Local 20 | ** Support | |
| Far West Equipment Dealers Association | ** Against | |
| Finishing Contractors Association Of Southern California | ** Against | |
| Flasher Barricade Association | ** Against | |
| Folsom Chamber Of Commerce | ** Against | |
| Garment Worker Center | ** Support | |
| Gateway Chambers Alliance | ** Against | |
| Housing Contractors Of California | ** Against | |
| ILWU Local 26 | ** Support | |
| Independent Insurance Agents & Brokers of California, Inc. | ** Against | |
| League Of California Cities | ** Against | |
| Legal Aid At Work | ** Support | |
| Los Angeles Area Chamber Of Commerce | * Against | Jun 28, 2023 |
| Los Angeles County Business Federation | ** Against | |
| National Association of Theater Owners of California | ** Against | |
| National Electrical Contractors Association | ** Against | |
| National Federation Of Independent Business | ** Against | |
| National Union Of Healthcare Workers | ** Support | |
| Nisei Farmers League | ** Against | |
| Northern California Allied Trades | ** Against | |
| Official Police Garages of Los Angeles | ** Against | |
| Ogletree Deakins | * Against | Jun 28, 2023 |
| Pesticide Action Network | ** Support | |
| Plant California Alliance | ** Against | |
| Residential Contractors Association | ** Against | |
| Resource Recovery Coalition Of California | ** Against | |
| Restaurant Opportunity Center United | ** Support | |
| Restaurant Opportunity of the Bay | ** Support | |
| Roots of Change | ** Support | |
| Rural County Representatives of California | ** Against | |
| Safeway | * Support | Apr 25, 2023 |
| San Diego Regional Chamber Of Commerce | ** Against | |
| San Mateo County Central Labor Council, AFL-CIO | ** Support | |
| san mateo labor council | ** Support | |
| San Mateo Labor Council, AFL-CIO | ** Support | |
| Santa Clara Valley Transportation Authority | * Support | Jul 5, 2023 |
| Santa Clara Wage Theft Coalition | ** Support | |
| SEIU Nurse Alliance of California | ** Support | |
| SMART Transportation Division | * Support | Jun 28, 2023 |
| Southern California Coalition for Occupational Safety and Health | ** Support | |
| Southern California Contractors Association | ** Against | |
| Southern California Glass Management Association | ** Against | |
| TechEquity Collaborative | ** Support | |
| Unite Here | * Support | Jun 28, 2023 |
| United Contractors | ** Against | |
| United Food And Commercial Workers, Western States Council | ** Support | |
| United Steelworkers District 12 | ** Support | |
| Utility Workers Union of America | ** Support | |
| Wall and Ceiling Alliance | ** Against | |
| Warehouse Worker Resource Center | ** Support | |
| Western Agricultural Processors Association | ** Against | |
| Western Electrical Contractors Association | ** Against | |
| Western Line Constructors Chapter, Inc. | ** Against | |
| Western Line Constructors Chapter, Inc., Neca, Inc. | ** Against | |
| Western Painting and Coating Contractors Association | ** Against | |
| Western Steel Council | ** Against | |
| Western Wall And Ceiling Contractors Association | ** Against | |
| Worksafe | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 553 |
UNFINISHED BUSINESS
Bill No: SB 553
Author: Cortese (D), et al.
Amended: 9/7/23
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 4/12/23
AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas
SENATE JUDICIARY COMMITTEE: 10-1, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Stern, Wiener
NOES: Niello
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SENATE FLOOR: 29-8, 5/31/23
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto
NO VOTE RECORDED: Caballero, Glazer, Wilk
ASSEMBLY FLOOR: 55-17, 9/11/23 - See last page for vote
SUBJECT: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
SOURCE: United Food and Commercial Workers, Western States Council
DIGEST:
This bill requires employers to establish, implement and maintain an effective workplace violence prevention plan (WVPP) that includes, among other elements, requirements to maintain incident logs, provide specified trainings, and conduct periodic reviews of the plan. This bill also authorizes a collective bargaining representative of an employee who has suffered unlawful violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee(s) at the workplace.
Assembly Amendments
(1) modify and refine the previous provisions and requirements of the WVPP to more generally apply to various industries and employer provided housing, including by striking provisions prohibiting employers from requiring employees to confront active shooters or suspected shoplifters, among others; (2) specify, regarding the TRO provisions, that before filing a petition, the employer or collective bargaining representative must provide the employee who has suffered the violence an opportunity to decline to be named in the TRO; and (3) add double jointing language with SB 428 (Blakespear) to address chaptering out issues.
ANALYSIS:
Existing law:
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that must include, among other things, a system for identifying and evaluating workplace hazards. (Labor Code §6401.7)
- Requires employers to file a report with Cal/OSHA of every occupational injury or illness to employees which results in lost time, or which requires medical treatment beyond first aid, as specified. (Labor Code §6409.1)
- Prohibits a person from discharging or in any manner discriminating against any employee because they, among other things, reported a work-related fatality, injury, or illness, refused to work in violation of a prescribed safety standard, requested access to injury or illness records, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), as specified. (Labor Code §6310 & §6311)
- Establishes the Workplace Violence Prevention in Health Care standard, as part of its IIPP, requiring specified health care employers to maintain an effective WVPP, maintain violent incident logs, and provide effective training to protect health care workers and other facility personnel from aggressive and violent behavior. (Labor Code §6401.8)
- Authorizes an employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, as specified, to seek a TRO and an order after hearing on behalf of the employee and other employees at the workplace, as specified. (Code of Civil Procedure §527.8)
This bill:
Temporary Restraining Order Provisions
- Authorizes, beginning on January 1, 2025, a collective bargaining representative (in addition to the employer) of an employee who has suffered unlawful violence or a credible threat of violence from any individual, to seek a TRO and order after hearing on behalf of the employee(s) at the workplace.
- Specifies that a person may bring this petition for a TRO and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employee’s workplace.
- Provides that before filing a petition, an employer or collective bargaining representative shall provide the employee who suffered unlawful violence an opportunity to decline to be named in the TRO, however, this does not prohibit them from seeking a TRO on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
Workplace Violence Prevention Plan
- Requires every employer, as part of the Injury and Illness Prevention Plan (IIPP) required under existing law, to additionally establish, implement, and maintain, an effective WVPP that is written, available and easily accessible at all times, as specified.
- Exempts the following from the requirement to establish, implement and maintain a WVPP:
- Health care facilities, as specified.
- Facilities operated by the Department of Corrections and Rehabilitation, as specified.
- Employers that are law enforcement agencies who meet specified criteria, including being in compliance with the Commission on Peace Officer Standards and Training Program.
- Employees teleworking, as specified.
- Places of employment where there are less than 10 employees working at the place at any given time, that are not accessible to the public, and are in compliance with the requirement to develop and maintain an IIPP.
- Provides that Cal/OSHA may issue an order requiring an employer that is exempt to comply with these requirements, as specified.
WVPP - Definitions
- Defines various relevant terms including, among others, the following:
- “Workplace violence” includes, but is not limited to, the following:
- 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.
- An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, as specified.
- Four different types of workplace violence, as specified.
- “Workplace violence” does not include lawful acts of self-defense or defense of others.
- “Workplace violence” includes, but is not limited to, the following:
WVPP – Elements of the Plan
- Provides that the WVPP may be incorporated into the written IIPP as a stand-alone section or maintained as a separate document and that it be specific to the hazards and corrective measures for each work area and operation.
- Requires that the WVPP include, among other things, the following elements:
- The names or job titles of the persons responsible for implementing the WVPP.
- Effective procedures to obtain involvement of employees and authorized employee representatives in development and implementation, as specified.
- Employer methods to coordinate implementation of the WVPP with other employers, when applicable, to ensure that employers and employees understand their respective roles, including training and incidents logging.
- Effective procedures for accepting and responding to reports of workplace violence and prohibit retaliation against an employee making such a report.
- Effective procedures to ensure that supervisory and nonsupervisory employees comply with the WVPP, as specified.
- Effective procedures to communicate regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
- Effective procedures to respond to workplace violence emergencies, including, among other things, effective means to alert employees, evacuation or sheltering plans and how to obtain help from staff assigned to respond to these emergencies, if any, and law enforcement.
- Procedures to identify, evaluate, and correct workplace violence hazards, as specified.
- Procedures for postincident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan as needed. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
WVPP – Violent Incident Logs
- Requires the employer to record information in a violent incident log for every workplace violence incident.
- Requires incident information to be based on information solicited from the employees who experienced the workplace violence, on witness statements, and investigation findings. The employer shall omit from the violent incident log any element of personal identifying information, as specified.
- Requires the information recorded in the log to include, among other things, a detailed description of the incident, a classification of who committed the violence, the working conditions at the time, the type of incident, and the consequences, including action taken to protect employees, as specified.
WVPP – Training Provisions
- Requires the employer to provide effective training to employees, as specified, with materials appropriate in content and vocabulary to the educational level, literacy, and language of employees.
- Requires the training on the elements of the WVPP to be provided when the plan is first established and annually thereafter and requires that it provide an opportunity for interactive questions and answers, as specified.
WVPP - Enforcement and Recordkeeping Requirements
- Provides various recordkeeping requirements directing employers to maintain the WVPP, training and incident records for up to five years, as specified, and requires these records to be made available to the division and employees and their representatives for examination and copying, as specified.
- Requires Cal/OSHA to enforce these provisions by the issuance of a citation and a notice of civil penalty in a manner consistent with its existing citation authority.
- Permits any person who receives a citation and penalty to appeal to the appeals board in a manner consistent with the board's existing procedures.
- Requires Cal/OSHA to propose, no later than December 31, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the WVPP and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees.
- States that the WVPP, violent incident log, training and record keeping requirements of the bill shall be operative on and after July 1, 2024.
Background
As a result of SB 1299 (Padilla, Chapter 842, Statutes of 2014), Cal/OSHA proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard that requires, among other things, covered employers to maintain a violent incident log, and provide effective training to employees. Cal/OSHA is currently developing a new general industry regulation on Workplace Violence Prevention that will apply to most workplaces in California. The regulation is currently being drafted based on input from two public meetings and two rounds of written comments.
[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for data on workplace violence and more background information on the steps to develop and adopt an occupational safety and health standard.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- One-time costs of approximately $1.5 million to Cal/OSHA to conduct rulemaking for enforcement of the WVPP as part of the existing injury prevention program, with additional costs to conduct a Standardized Regulatory Impact Assessment. Cal/OSHA also estimates ongoing annual costs of approximately $1.6 million to provide consultation and enforcement (Occupational Safety and Health Fund).
- Costs of an unknown, but likely significant, amount to the state as an employer that must implement a WVPP (General Fund (GF)). Similarly, unknown Proposition 98 GF costs to local education agencies as a covered employer. For reference, an opposition letter from the Association of California School Administrators (ACSA) estimates that “the initial workplace violence prevention plan training component for just one hour would be approximately $19 million in Proposition 98 dollars” for school districts, which “does not include the direct administrative costs for developing and revising the plan and associated record keeping.”
Any similar costs incurred by other local agencies are likely non-reimbursable by the state. However, if the Commission on State Mandates determines requiring all local agency employers to implement a WVPP creates a new program or imposes a higher level of service to the public, triggering creation of a state-mandated local program, a local agency could claim GF reimbursement of those costs.
- Annual cost pressures (GF or Trial Court Trust Fund) of an unknown amount, potentially up to $150,000, to the courts in additional workload, to the extent more TROs are filed as a result of this bill. It is unclear how many orders may be filed statewide, but the estimated workload cost of one hour of court time is $1,000. Although courts are not funded on the basis of workload, increased pressure on staff and the TCTF may create a need for increased court funding from the GF to perform existing duties. The 2023-24 State Budget agreement includes $105.1 million in ongoing GF revenue to continue backfilling the TCTF for expected revenue declines.
SUPPORT: (Verified 9/11/23)
United Food and Commercial Workers, Western States Council (source)
American Federation of State County and Municipal Employees
California Alliance for Retired Americans
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Federation of Teachers, AFL-CIO
California Food and Farming Network
California Institute for Rural Studies
California Labor Federation, AFL-CIO
California Nurses Association
California Rural Legal Assistance Foundation
California School Employees Association
California State Council of Service Employees International Union
California State Legislative Board, Sheet Metal, Air, Rail and Transportation Workers – Transportation Division
California Teachers Association
California Teamsters Public Affairs Council
Central California Environmental Justice Network
Central Coast Alliance United for a Sustainable Economy
Engineers and Scientists of California, IFPTE Local 20
Garment Worker Center
ILWU Local 26
Legal Aid at Work
National Union of Healthcare Workers
Pesticide Action Network
Restaurant Opportunity Center United
Roots of Change
San Mateo County Central Labor Council, AFL-CIO
Santa Clara Wage Theft Coalition
SEIU Nurse Alliance of California
Southern California Coalition for Occupational Safety and Health
TechEquity Collaborative
United Steelworkers District 12
Utility Workers Union of America
Warehouse Worker Resource Center
Worksafe
OPPOSITION: (Verified 9/11/23)
7-11 Franchisee Owners Association
Agricultural Council of California
Associated General Contractors of California
Associated General Contractors San Diego Chapter
Associated Roofing Contractors
Association of California School Administrators
BizFed – Los Angeles County Business Federation
California Apartment Association
California Association of Winegrape Growers
California Beer and Beverage Distributors
California Conference of the Plumbing Heating and Piping Industry
California County Superintendents
California Craft Brewers Association
California Distributors Association
California District Attorneys Association
California Farm Bureau
California Framing Contractors Association
California Hispanic Chambers of Commerce
California Independent Petroleum Association
California Landscape Contractors Association
California Pool & Spa Association
California Restaurant Association
California Special Districts Association
California State Association of Counties
California State Beekeepers Association
City of Oceanside
City of Placentia
Far West Equipment Dealers Association
Folsom Chamber of Commerce
Gateway Chambers Alliance
Independent Insurance Agents & Brokers of California, Inc.
League of California Cities
National Association of Theater Owners of California
National Federation of Independent Business
Residential Contractors Association
Rural County Representatives of California
San Diego Regional Chamber of Commerce
Western Steel Council
ARGUMENTS IN SUPPORT: The sponsors of this bill argue that worker health and safety is an emergency and needs to be treated as such noting that, “Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores.” Regarding the pending standard at Cal/OSHA, they argue, “no progress on this standard has been made since its introduction, and many steps remain before it could take effect.” They conclude arguing that the remaining steps are highly likely to consume several additional years or more. Workers, who fear for their lives going to work every single day, do not have years to wait for Cal/OSHA to act and adopt a General Industry Workplace Violence Standard.
ARGUMENTS IN OPPOSITION: With the 9/1/23 amendments to this bill, employer organizations have removed opposition and are now neutral, the remaining opposition argues that, due to poor drafting this bill creates an unimplementable reporting mandate and a new Private Attorneys Generals Act (PAGA) cause of action against employers in multi-employer, e.g. construction, workplace environments. They argue that because the term “employer” is undefined, the obligation to prepare an incident log applies to all employers at a workplace, not simply the employer or employers whose employees experienced workplace violence. On a construction site there may be as many as 30 employers at any given time, each of whom would be obligated to prepare an incident log pursuant to this bill.
ASSEMBLY FLOOR: 55-17, 9/11/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Papan, Pellerin, Petrie-Norris, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Santiago, Schiavo, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Bains, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis
NO VOTE RECORDED: Davies, Gipson, Lackey, Stephanie Nguyen, Pacheco, Quirk-Silva, Blanca Rubio, Soria
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
9/11/23 19:49:41
**** END ****
SENATE THIRD READING
STR Bill Id:SB 553
Author:(Cortese)
As Amended Ver:September 7, 2023
Majority vote
SUMMARY
Adds to the required elements of an employer's injury prevention program a workplace violence prevention plan (WVPP), subject to review at least annually. Requires employers to record information in a violent incident log about every workplace violence incident and provide effective training on the plan.
Major Provisions
- Authorizes collective bargaining representatives to seek a temporary restraining order (TRO) and order after hearing on behalf of an employee who has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace.
- Defines "workplace violence" to mean any act of violence or threat of violence that occurs in a place of employment. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
- 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.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
- Four different types of workplace violence, as specified.
- Defines "threat of violence" to mean 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.
- Exempts from the requirement to establish, implement, and maintain a WVPP, the following:
- Health care facilities, as specified.
- Facilities operated by the California Department of Corrections and Rehabilitation, as specified.
- Employers that are law enforcement agencies who meet specified criteria, including being in compliance with the Commission on Peace Officer Standards and Training Program.
- Teleworking employees, as described.
- Places of employment where there are less than 10 employees working at that place at any given time, that are not accessible to the public, and are in compliance with the requirement to develop and maintain an Injury and Illness Prevention Plan.
WVPP Elements
- Provides that the WVPP may be incorporated into the written injury prevent program as a standalone section or may be maintained as a separate document, and shall include, among other things, the following elements:
- The names or job titles of the persons responsible for implementing the workplace violence prevention plan.
- Effective procedures to obtain the active involvement of employees and their authorized employee representatives in developing and implementing the workplace violence prevention plan, as specified.
- Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan.
- Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Effective procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan, as described.
- Effective procedures to communicate with employees regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
- Effective procedures to respond to actual or potential workplace violence emergencies, including, among other things, how to obtain help from staff assigned to respond to these emergencies, if any, security personnel, if any, and law enforcement.
- Procedures to identify, evaluate, and correct workplace violence hazards, as specified.
- When an identified corrective measure cannot be implemented within this timeframe, interim measures to abate the hazard.
- Procedures for postincident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan as needed. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
Violent Incident Log Provisions
- Requires the employer to record information in a violent incident log about every workplace violence incident.
- Requires information about each incident to be based on information solicited from the employees who experienced the workplace violence, on witness statements, and investigation findings. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, as specified.
- Requires the information recorded in the log to include, among other things, a detailed description of the incident, a classification of who committed the violence, the working conditions at the time of the incident, the type of incident, and the consequences of the incident, as specified.
Training Provisions
- Requires the employer to provide effective training to employees with training material appropriate in content and vocabulary to the educational level, literacy, and language of employees.
Enforcement and Subsequent Standards
- Requires the Division of Occupational Safety and Health (Cal/OSHA) to enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with its existing citation authority.
- Permits any person who receives a citation and penalty to appeal the citation and penalty to the appeals board in a manner consistent with the board's existing procedure for employer appeals.
- Requires Cal/OSHA to propose, no later than December 31, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the above provisions.
- States that the WVPP, violent incident log, training and record keeping requirements of the bill shall be operative on and after July 1, 2024.
- Addresses chaptering out with SB 428 (Boerner) of the current legislative session.
COMMENTS
Workplace violence in the United States is on the rise. As shared with the Committee by the author, "the Occupational Safety and Health Administration (OSHA) has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly two million workers are affected by workplace violence each year.[1] On average, 1.3 million nonfatal violent crimes occur in the workplace annually, with female workers having higher rates than male workers of nonfatal injuries due to workplace violence resulting in days away from work.[2]" In addition, a 2014 analysis of disparities among victims of workplace violence by the American Journal of Industrial Medicine found elevated homicide rates for workers who are Black, American Indian, Alaska Natives, Asian, or Pacific Islanders, and those who were born outside of the United States.[3]
In California, an occupational safety and health standard may be amended, adopted or repealed by the standards board. The board is required to hold open public meetings at least monthly and to permit any person to address the board who may wish to propose new or revised standards. Proposals to amend, adopt or repeal a standard are made by petition, orally or in writing. Petitions for standard changes are evaluated by Cal/OSHA. The timeline from petition to adoption is multi-year, in some cases taking six plus years.
As mentioned in the Senate Labor, Public Employment and Retirement Committee's analysis of the bill, in 2017 and precipitated by SB 1299 (Padilla) from 2014, "the Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard. Employers covered by this standard must establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA."
In January 2017, in order to extend similar workplace violence protections to workers in non-healthcare industries, Cal/OSHA released a proposed draft of the "General Industry Workplace Violence Standard." Five years later, in May 2022, Cal/OSHA circulated another discussion draft. To date, the standards board has yet to begin the formal rulemaking process for the standard.
According to the Author
"SB 553 will expedite workplace violence prevention standards for non-healthcare workers and offer all workers the same protections that healthcare workers enjoy. Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability." He also notes that the bill "promotes equity and safety by expediting workplace violence standards for non-healthcare workers."
Arguments in Support
The United Food and Commercial Workers Western States Council, sponsor of the bill, states, "Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores. According to the Bureau of Labor Statistics, 20,870 workers in the private industry experienced trauma from nonfatal workplace violence in 2019 and of these victims nearly 70% were women. Last year, the F.B.I. said more than half of active shooter attacks occurred in places of commerce, including stores. Hate crimes in grocery stores quadrupled since 2010. There were 160 known hate crimes recorded at grocery stores in 2020 alone and 22 of these hate crimes involved murder, three times as many as 2010. From 2020 to 2021, Stop AAPI Hate cataloged more than 10,000 hate incidents and found that one in 10 hate incidents occurred in grocery stores. This is a worker health and safety emergency and needs to be addressed as such.
Our members' experience in the post-pandemic world underscores the urgency of worker protection. Over the last several years, reports of workplace violence from our members have skyrocketed. It is now sadly true that most of our members have been the victim of at least one incident of threatened or actual workplace violence and many intolerably experience workplace violence on a regular basis. Our members have been robbed at gunpoint; they've been attacked physically, some to the point of needing to be hospitalized; they've been spat upon by people infected with COVID-19; they are routinely threatened with violence; and at some stores, they deal with homeless individuals, some with severe mental health challenges daily. A few members have even been murdered while performing their jobs."
Arguments in Opposition
A coalition of employer organizations are opposed and state, "Ignoring years of work by Cal/OSHA's experts is the fundamental mistake at the heart of SB 553's good intentions. Cal/OSHA began drafting a general industry workplace violence regulation because their experts recognized that hospitals are not the same as the majority of businesses in California. On the whole, hospitals are centralized (in one building or closely grouped structures), with highly-trained and educated staff, distinct entrance/exit points, and have well-developed administrative and legal teams. In addition, hospitals' financial resources are far beyond most workplaces. Consider a small business, such as a restaurant, with 8 employees – and compare that to a hospital. Obviously, there are vastly different capabilities between the two. Or a plumbing business – where employees routinely travel to different locations as part of work, and work alone. Or a tourism business providing tours of California's wilderness. In short, hospitals simply are not the average employer in California – which is why Cal/OSHA has been working to create a regulation that makes sense for all workplaces in the state.
SB 553 ignores Cal/OSHA's recent process and would write the Healthcare WV Standard into the Labor Code for all employers. Because this standard was not written with the majority of California's businesses in mind (as Cal/OSHA recognized), we must oppose SB 553's attempt to subvert an ongoing regulatory process."
Please note: The California Chamber of Commerce and other employer organizations are now neutral on the bill.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time costs of approximately less than $1.5 million to the Division of Occupational Safety and Health (Cal/OSHA) to conduct rulemaking for enforcement of the workplace violence prevention plan as part of the existing injury prevention program, with additional costs to conduct a Standardized Regulatory Impact Assessment. Cal/OSHA also estimates ongoing annual costs of approximately less than $1.6 million to provide consultation and enforcement (Occupational Safety and Health Fund).
- Costs of an unknown, but likely significant, amount to the state as an employer that must implement a workplace violence prevention plan (General Fund (GF)). Similarly, unknown Proposition 98 GF costs to local education agencies as a covered employer. For reference, an opposition letter from the Association of California School Administrators (ACSA) estimates that "the initial workplace violence prevention plan training component for just one hour would be approximately $19 million in Proposition 98 dollars" for school districts, which "does not include the direct administrative costs for developing and revising the plan and associated record keeping."
Any similar costs incurred by other local agencies are likely non-reimbursable by the state. However, if the Commission on State Mandates determines requiring all local agency employers to implement a workplace violence prevention plan creates a new program or imposes a higher level of service to the public, triggering creation of a state-mandated local program, a local agency could claim GF reimbursement of those costs.
- Annual cost pressures (GF or Trial Court Trust Fund) of an unknown amount, potentially up to $150,000, to the courts in additional workload, to the extent more TROs are filed as a result of this bill. It is unclear how many orders may be filed statewide, but the estimated workload cost of one hour of court time is $1,000. Although courts are not funded on the basis of workload, increased pressure on staff and the TCTF may create a need for increased court funding from the GF to perform existing duties. The 2023-24 state budget agreement includes $105.1 million in ongoing GF revenue to continue backfilling the TCTF for expected revenue declines
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Caballero, Glazer, Wilk
ASM LABOR AND EMPLOYMENT: 5-2-0
YES: Kalra, Haney, Ortega, Reyes, Ward
NO: Flora, Chen
ASM JUDICIARY: 8-2-1
YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, McKinnor
NO: Dixon, Sanchez
ABS, ABST OR NV: Essayli
ASM APPROPRIATIONS: 10-4-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Soria, Wilson
UPDATED
VERSION: September 7, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0001935
https://www.dir.ca.gov/dosh/dosh_publications/worksecurity.html ↑
https://bjs.ojp.gov/press-release/federal-agencies-release-joint-study-workplace-violence ↑
Steege, A, et al (2014). Examining occupational health and safety disparities using national data: a cause for continuing concern. Am J of Ind Med 57:527-538. ↑
SENATE THIRD READING
STR Bill Id:SB 553
Author:(Cortese)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Adds to the required elements of an employer's injury prevention program a workplace violence prevention plan (WVPP), subject to review at least annually. Requires employers to record information in a violent incident log about every workplace violence incident and provide effective training on the plan.
Major Provisions
- Authorizes collective bargaining representatives to seek a temporary restraining order (TRO) and order after hearing on behalf of an employee who has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace.
- Defines "workplace violence" to mean any act of violence or threat of violence that occurs in a place of employment. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
- 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.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
- Four different types of workplace violence, as specified.
- Defines "threat of violence" to mean 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.
- Exempts from the requirement to establish, implement, and maintain a WVPP, the following:
- Health care facilities, as specified.
- Facilities operated by the California Department of Corrections and Rehabilitation, as specified.
- Employers that are law enforcement agencies who meet specified criteria, including being in compliance with the Commission on Peace Officer Standards and Training Program.
- Teleworking employees, as described.
- Places of employment where there are less than 10 employees working at that place at any given time, that are not accessible to the public, and are in compliance with the requirement to develop and maintain an Injury and Illness Prevention Plan.
WVPP Elements
- Provides that the WVPP may be incorporated into the written injury prevent program as a standalone section or may be maintained as a separate document, and shall include, among other things, the following elements:
- The names or job titles of the persons responsible for implementing the workplace violence prevention plan.
- Effective procedures to obtain the active involvement of employees and their authorized employee representatives in developing and implementing the workplace violence prevention plan, as specified.
- Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan.
- Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Effective procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan, as described.
- Effective procedures to communicate with employees regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
- Effective procedures to respond to actual or potential workplace violence emergencies, including, among other things, how to obtain help from staff assigned to respond to these emergencies, if any, security personnel, if any, and law enforcement.
- Procedures to identify, evaluate, and correct workplace violence hazards, as specified.
- When an identified corrective measure cannot be implemented within this timeframe, interim measures to abate the hazard.
- Procedures for postincident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan as needed. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
Violent Incident Log Provisions
- Requires the employer to record information in a violent incident log about every workplace violence incident.
- Requires information about each incident to be based on information solicited from the employees who experienced the workplace violence, on witness statements, and investigation findings. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, as specified.
- Requires the information recorded in the log to include, among other things, a detailed description of the incident, a classification of who committed the violence, the working conditions at the time of the incident, the type of incident, and the consequences of the incident, as specified.
Training Provisions
- Requires the employer to provide effective training to employees with training material appropriate in content and vocabulary to the educational level, literacy, and language of employees.
Enforcement and Subsequent Standards
- Requires the Division of Occupational Safety and Health (Cal/OSHA) to enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with its existing citation authority.
- Permits any person who receives a citation and penalty to appeal the citation and penalty to the appeals board in a manner consistent with the board's existing procedure for employer appeals.
- Requires Cal/OSHA to propose, no later than December 31, 2025, and the standards board to adopt, no later than December 31, 2026, standards regarding the plan required by the above provisions.
- States that the WVPP, violent incident log, training and record keeping requirements of the bill shall be operative on and after July 1, 2024.
COMMENTS
Workplace violence in the United States is on the rise. As shared with the Committee by the author, "the Occupational Safety and Health Administration (OSHA) has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly two million workers are affected by workplace violence each year.[1] On average, 1.3 million nonfatal violent crimes occur in the workplace annually, with female workers having higher rates than male workers of nonfatal injuries due to workplace violence resulting in days away from work.[2]" In addition, a 2014 analysis of disparities among victims of workplace violence by the American Journal of Industrial Medicine found elevated homicide rates for workers who are Black, American Indian, Alaska Natives, Asian, or Pacific Islanders, and those who were born outside of the United States.[3]
In California, an occupational safety and health standard may be amended, adopted or repealed by the standards board. The board is required to hold open public meetings at least monthly and to permit any person to address the board who may wish to propose new or revised standards. Proposals to amend, adopt or repeal a standard are made by petition, orally or in writing. Petitions for standard changes are evaluated by Cal/OSHA. The timeline from petition to adoption is multi-year, in some cases taking six plus years.
As mentioned in the Senate Labor, Public Employment and Retirement Committee's analysis of the bill, in 2017 and precipitated by SB 1299 (Padilla) from 2014, "the Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard. Employers covered by this standard must establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA."
In January 2017, in order to extend similar workplace violence protections to workers in non-healthcare industries, Cal/OSHA released a proposed draft of the "General Industry Workplace Violence Standard." Five years later, in May 2022, Cal/OSHA circulated another discussiondraft. To date, the standards board has yet to begin the formal rulemaking process for thestandard.
According to the Author
"SB 553 will expedite workplace violence prevention standards for non-healthcare workers and offer all workers the same protections that healthcare workers enjoy. Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability." He also notes that the bill "promotes equity and safety by expediting workplace violence standards for non-healthcare workers."
Arguments in Support
The United Food and Commercial Workers Western States Council, sponsor of the bill, states, "Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores. According to the Bureau of Labor Statistics, 20,870 workers in the private industry experienced trauma from nonfatal workplace violence in 2019 and of these victims nearly 70% were women. Last year, the F.B.I. said more than half of active shooter attacks occurred in places of commerce, including stores. Hate crimes in grocery stores quadrupled since 2010. There were 160 known hate crimes recorded at grocery stores in 2020 alone and 22 of these hate crimes involved murder, three times as many as 2010. From 2020 to 2021, Stop AAPI Hate cataloged more than 10,000 hate incidents and found that one in 10 hate incidents occurred in grocery stores. This is a worker health and safety emergency and needs to be addressed as such.
Our members' experience in the post-pandemic world underscores the urgency of worker protection. Over the last several years, reports of workplace violence from our members have skyrocketed. It is now sadly true that most of our members have been the victim of at least one incident of threatened or actual workplace violence and many intolerably experience workplace violence on a regular basis. Our members have been robbed at gunpoint; they've been attacked physically, some to the point of needing to be hospitalized; they've been spat upon by people infected with COVID-19; they are routinely threatened with violence; and at some stores, they deal with homeless individuals, some with severe mental health challenges daily. A few members have even been murdered while performing their jobs."
Arguments in Opposition
A coalition of employer organizations are opposed and state, "Ignoring years of work by Cal/OSHA's experts is the fundamental mistake at the heart of SB 553's good intentions. Cal/OSHA began drafting a general industry workplace violence regulation because their experts recognized that hospitals are not the same as the majority of businesses in California. On the whole, hospitals are centralized (in one building or closely grouped structures), with highly-trained and educated staff, distinct entrance/exit points, and have well-developed administrative and legal teams. In addition, hospitals' financial resources are far beyond most workplaces. Consider a small business, such as a restaurant, with 8 employees – and compare that to a hospital. Obviously, there are vastly different capabilities between the two. Or a plumbing business – where employees routinely travel to different locations as part of work, and work alone. Or a tourism business providing tours of California's wilderness. In short, hospitals simply are not the average employer in California – which is why Cal/OSHA has been working to create a regulation that makes sense for all workplaces in the state.
SB 553 ignores Cal/OSHA's recent process and would write the Healthcare WV Standard into the Labor Code for all employers. Because this standard was not written with the majority of California's businesses in mind (as Cal/OSHA recognized), we must oppose SB 553's attempt to subvert an ongoing regulatory process."
- The California Chamber of Commerce and other employer organizations are now neutral on the bill.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time costs of approximately less than $1.5 million to the Division of Occupational Safety and Health (Cal/OSHA) to conduct rulemaking for enforcement of the workplace violence prevention plan as part of the existing injury prevention program, with additional costs to conduct a Standardized Regulatory Impact Assessment. Cal/OSHA also estimates ongoing annual costs of approximately less than $1.6 million to provide consultation and enforcement (Occupational Safety and Health Fund).
- Costs of an unknown, but likely significant, amount to the state as an employer that must implement a workplace violence prevention plan (General Fund (GF)). Similarly, unknown Proposition 98 GF costs to local education agencies as a covered employer. For reference, an opposition letter from the Association of California School Administrators (ACSA) estimates that "the initial workplace violence prevention plan training component for just one hour would be approximately $19 million in Proposition 98 dollars" for school districts, which "does not include the direct administrative costs for developing and revising the plan and associated record keeping."
Any similar costs incurred by other local agencies are likely non-reimbursable by the state. However, if the Commission on State Mandates determines requiring all local agency employers to implement a workplace violence prevention plan creates a new program or imposes a higher level of service to the public, triggering creation of a state-mandated local program, a local agency could claim GF reimbursement of those costs.
- Annual cost pressures (GF or Trial Court Trust Fund) of an unknown amount, potentially up to $150,000, to the courts in additional workload, to the extent more TROs are filed as a result of this bill. It is unclear how many orders may be filed statewide, but the estimated workload cost of one hour of court time is $1,000. Although courts are not funded on the basis of workload, increased pressure on staff and the TCTF may create a need for increased court funding from the GF to perform existing duties. The 2023-24 state budget agreement includes $105.1 million in ongoing GF revenue to continue backfilling the TCTF for expected revenue declines.
VOTES
SENATE FLOOR: 29-8-3
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Caballero, Glazer, Wilk
ASM LABOR AND EMPLOYMENT: 5-2-0
YES: Kalra, Haney, Ortega, Reyes, Ward
NO: Flora, Chen
ASM JUDICIARY: 8-2-1
YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, McKinnor
NO: Dixon, Sanchez
ABS, ABST OR NV: Essayli
ASM APPROPRIATIONS: 10-4-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Soria, Wilson
UPDATED
VERSION: September 1, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0001673
https://www.dir.ca.gov/dosh/dosh_publications/worksecurity.html ↑
https://bjs.ojp.gov/press-release/federal-agencies-release-joint-study-workplace-violence ↑
Steege, A, et al (2014). Examining occupational health and safety disparities using national data: a cause for continuing concern. Am J of Ind Med 57:527-538. ↑
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 553
Author:(Cortese) – As Amended Ver:July 10, 2023
Policy Committee: | Labor and Employment | Vote: | 5 - 2 |
Judiciary | 8 - 2 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires an employer to implement a workplace violence prevention plan as part of its injury prevention program.
Specifically, this bill:
- Allows an employee’s collective bargaining representative to seek a temporary restraining order (TRO) on behalf of an employee who has suffered or been threatened with unlawful violence in the workplace.
- Details the elements each workplace violence prevention plan must have to protect employees and other personnel from aggressive and violent behavior at the workplace, such as assessment procedures to identify and evaluate environmental risk factors and correct hazards in a timely manner.
- Requires the employer to log every workplace violence incident, post-incident response, and injury investigation.
- Requires the employer to have a system to review, at least annually, the effectiveness of the workplace violence prevention plan with employees and their collective bargaining representatives and update the plan.
- Requires the employer to provide effective training to employees that addresses workplace violence risks that employees may reasonably anticipate to encounter. The training must be developed with input from employees and their collective bargaining representatives and materials must be appropriate in content and vocabulary to the education, literacy, and language levels of employees.
- Requires records of trainings conducted; hazard identification, evaluation, and correction; and violent incident logs to be maintained for specified periods of time and made available to employees and their collective bargaining representatives upon request.
- Prohibits an employer from taking punitive or retaliatory action against an employee for seeking assistance from law enforcement when a violent incident occurs.
FISCAL EFFECT:
- One-time costs of approximately $1.5 million to the Division of Occupational Safety and Health (Cal/OSHA) to conduct rulemaking for enforcement of the workplace violence prevention plan as part of the existing injury prevention program, with additional costs to conduct a Standardized Regulatory Impact Assessment. Cal/OSHA also estimates ongoing annual costs of approximately $1.6 million to provide consultation and enforcement (Occupational Safety and Health Fund).
- Costs of an unknown, but likely significant, amount to the state as an employer that must implement a workplace violence prevention plan (General Fund (GF)). Similarly, unknown Proposition 98 GF costs to local education agencies as a covered employer. For reference, an opposition letter from the Association of California School Administrators (ACSA) estimates that “the initial workplace violence prevention plan training component for just one hour would be approximately $19 million in Proposition 98 dollars” for school districts, which “does not include the direct administrative costs for developing and revising the plan and associated record keeping.”
Any similar costs incurred by other local agencies are likely non-reimbursable by the state. However, if the Commission on State Mandates determines requiring all local agency employers to implement a workplace violence prevention plan creates a new program or imposes a higher level of service to the public, triggering creation of a state-mandated local program, a local agency could claim GF reimbursement of those costs.
- Annual cost pressures (GF or Trial Court Trust Fund) of an unknown amount, potentially up to $150,000, to the courts in additional workload, to the extent more TROs are filed as a result of this bill. It is unclear how many orders may be filed statewide, but the estimated workload cost of one hour of court time is $1,000. Although courts are not funded on the basis of workload, increased pressure on staff and the TCTF may create a need for increased court funding from the GF to perform existing duties. The 2023-24 state budget agreement includes $105.1 million in ongoing GF revenue to continue backfilling the TCTF for expected revenue declines.
COMMENTS:
- Purpose. According to the author:
SB 553 will expedite workplace violence prevention standards for non-healthcare workers and offer all workers the same protections that healthcare workers enjoy. Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability.
- Support and Opposition. This bill is sponsored by the United Food and Commercial Workers (UFCW), Western State Council, and the American Federation of State, County and Municipal Employees, with UFCW arguing, “For far too many Californians, the stress of simply earning a living and providing for a family is inhumanly compounded by a daily terror of being violently attacked while at work. Both data and experience show their fear is warranted.” This bill is supported by other labor organizations and economic justice groups.
This bill is opposed by a coalition of business groups led by the California Chamber of Commerce, which argues this bill “applies a regulation specifically written for hospitals to all employers in the state – regardless of size and resources – and ignores years of work by Cal/OSHA experts on a new regulation that was intended to be applied across industries.” This bill is also opposed by a coalition of public employers, led by ACSA, which is “concerned with the scale and cost of obligations imposed by SB 553” and argues “Unlike the private industry, local fee authority does not allow for cost recovery.”
- Background.
TRO. Existing law allows an employer to petition a court for a TRO to protect an employee in the event the employee is the victim of or threatened with unlawful violence. However, the prevalence of potential threats can make it difficult for an employer to act each time. This bill expands the authority to seek a TRO on behalf of an employee to the employee’s collective bargaining representative. The employer or collective bargaining representative must first offer the affected employee an opportunity to decline to be included in the petition.
Ongoing Cal/OSHA Efforts on Workplace Violence. SB 1299 (Padilla), Chapter 842, Statutes of 2014, required the Occupational Safety and Health Standards Board (OSHA Board) to adopt, by July 1, 2016, standards requiring specified hospitals to adopt a workplace violence prevention plan as part of the hospital’s injury and illness prevention plan to protect workers and other facility personnel from aggressive and violent behavior. In 2017, the OSHA Board adopted a healthcare industry specific workplace violence prevention standard, requiring covered employers to establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA.
In order to extend workplace violence protections to workers in non-healthcare industries, Cal/OSHA subsequently released a proposed draft of a general industry workplace violence standard. Five years later, in May 2022, Cal/OSHA circulated another discussion draft. To date, the OSHA Board has yet to begin a formal rulemaking process for such a standard. This bill supersedes the regulatory process and requires an employer to implement a workplace violence prevention plan similar to the standard developed for hospitals.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: July 5, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
SBPCA Bill Id:SB 553
Author:(Cortese) – As Amended Ver:June 20, 2023
As Proposed to be Amended
SENATE VOTE: 29-8
SUBJECT: OCCUPATIONAL SAFETY: WORKPLACE VIOLENCE: RESTRAINING ORDERS AND WORKPLACE VIOLENCE PREVENTION PLAN
KEY ISSUE: SHOULD COLLECTIVE BARGAINING REPRESENTATIVES BE AUTHORIZED TO SEEK A TEMPORARY RESTRAINING ORDER ON BEHALF OF AN EMPLOYEE THAT HAS SUFFERED UNLAWFUL VIOLENCE OR THREATS OF UNLAWFUL VIOLENCE IN THE WORKPLACE?
SYNOPSIS
Violent incidents have plagued workplaces across the country for generations. One tool available to employers to help protect their employees is the statutory authority to petition a court for a temporary restraining order (TRO) in the event an employee or employees are the victim of unlawful violence or threats of unlawful violence. However, the prevalence of potential threats arguably makes it difficult for an employer to act on each one individually. In order to help prevent the greatest number of violent incidents occurring in the workplace, this bill proposes to expand the authority to seek a TRO on behalf of an employee from solely resting with an employer to also be available to the employees’ collective bargaining representatives. Under existing law, an employer may unilaterally petition for a TRO on behalf of an employee. In order to avoid unintended consequences from petitioning for the TRO, as well as to conform with other legislation that has recently been heard and approved by this Committee, the author proposes to amend the bill to require an employer or collective bargaining representative to first offer the affected employee an opportunity to decline to be included in the petition. This amendment is discussed in further detail in the COMMENTS section and incorporated into the SUMMARY of this analysis. The bill also proposes to require employers to establish, implement, and maintain a workplace violence prevention plan as part of their injury and illness prevention program. This second half of the bill falls outside the jurisdiction of this Committee and therefore is not addressed in detail in this analysis.
This bill is sponsored by the United Food and Commercial Workers, Western States Council and the American Federation of State, County and Municipal Employees. It is supported by a broad coalition of labor unions and workers’ rights advocates. It is opposed by a coalition of business and local government advocates. This bill was previously heard by the Assembly Committee on Labor and Employment and passed out on a vote of 5-2.
SUMMARY: Expands existing provisions allowing an employer to request a temporary restraining order (TRO) on behalf of their employees to allow an employee representative to do the same, and requires employers to establish, implement and maintain a workplace violence prevention plan as part of their injury and illness prevention program. Specifically, this bill:
- Authorizes collective bargaining representatives to seek a temporary restraining order (TRO) and order after hearing on behalf of an employee who has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace.
- Authorizes the collective bargaining representative to seek a TRO on behalf of an employee only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employee’s workplace.
- Clarifies that a court may not grant a temporary restraining order or order after hearing under this provision prohibiting speech or other activities that are constitutionally protected, by the National Labor Relations Act, or other specified provisions of law.
- Requires an employer or collective bargaining representative who seeks a TRO on behalf of an employee to first offer the employee an opportunity to decline to be included in the petition. Specifies that an employee’s decision to decline to be included does not prohibit an employer or collective bargaining representative from seeking the TRO on behalf of other employees at the workplace.
- Adds to the required elements of an employer’s injury prevention program a workplace violence prevention program (WVPP) for the purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.
- Prohibits punitive action or retaliation by an employer because an employee has sought assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
- Defines the following for the purposes of this bill:
- “Employer” includes the state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
- “Employer facilities” does not include facilities operated by the Department of Corrections and Rehabilitation.
- “Dedicated safety personnel” means, but is not limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employer’s workplaces.
- “Engineering controls” means 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, as described.
- “Environmental risk factors” means factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. “Environmental risk factors” include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
- “Workplace violence” means any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
- 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.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
- Provides that the WVPP may be incorporated into the written injury prevent program as a separate chapter or may be maintained as a separate document, and shall include, among other things, the following elements:
- The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
- Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, as specified.
- Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan, as described.
- Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
- Procedures to communicate with employees regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
- Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation, and surrounding areas. Environmental risk factors must include, among other things, employees working in isolation, lack of physical barriers between employees and potentially violent persons, lack of effective escape routes, and obstacles to alarm system access.
- Procedures to correct workplace violence hazards, as specified, in a timely manner. Engineering and work practice controls must be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include:
- Measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard.
- When an identified corrective measure cannot be implemented within this timeframe, interim measures to abate the hazard.
- Procedures for postincident response and investigation, that include, among other things, immediate medical care for injured employees, identifying affected employees, offering counseling and employee assistance programs, and reviewing the incident with employee input.
- Provisions prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.
- Requires the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation.
- Requires information about each incident to be based on information solicited from the employees who experienced the workplace violence. The employer must omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, as specified.
- Requires the information recorded in the log to include, among other things, a detailed description of the incident, a classification of who committed the violence, the working conditions at the time of the incident, the type of incident, and the consequences of the incident.
- Requires the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees’ respective work areas, services, and operations.
- Requires, based on the review above, the workplace violence prevention plan to be updated in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. The updates shall include, among other things, changes in staffing, engineering controls or facility modifications, newly recognized hazards, and a response to information indicating the prevention plan is deficient in any area.
- Requires the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs.
- Requires that the employer have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program.
- Requires the initial and subsequent annual training to be appropriate in content and vocabulary, as specified, in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
- Requires records of workplace violence hazard identification, evaluation, and correction to be created and maintained, as specified. This requirement applies regardless of employer size.
- Requires training records to be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. This requirement applies regardless of employer size.
- Requires records of violent incidents, including, but not limited to, violent incident logs and workplace violence injury investigations, to be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain “medical information,” as defined.
- States that all of the above records are to be be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
EXISTING LAW:
- Defines “course of conduct” as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. (Code of Civil Procedure Section 527.6 (b)(1).)
- Excludes constitutionally protected activity from the meaning of “course of conduct.” (Code of Civil Procedure Section 527.6 (b)(1).)
- Defines “credible threat of violence” as a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. (Code of Civil Procedure Section 527.6 (b)(2).)
- Sets forth standards and procedures under which anyone may seek a civil restraining order against another person on account of unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, that serves no legitimate purpose, that actually causes the person substantial emotional distress and would cause a reasonable person to suffer substantial emotional distress. (Code of Civil Procedure Section 527.6.)
- Sets forth standards and procedures under which a public or private employer may seek a civil restraining order on behalf of an employee who has suffered from unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace. (Code of Civil Procedure Section 527.8.)
- Instructs courts not to issue a restraining order sought by an employer on behalf of an employee when issuance of the restraining order would prohibit speech or other activities that are protected constitutionally, by specified state law restricting court interference in labor disputes, or by any other provision of law. (Code of Civil Procedure Section 527.8 (c).)
- Indicates that an employer may be liable for the acts of nonemployees, with respect to unlawful harassment – as separately defined – on the basis of a legally protected characteristic of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. (Government Code Section 12940 (j)(1).)
- Directs courts, in reviewing cases involving the acts of nonemployees, to consider the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees. (Government Code Section 12940 (j)(1).)
- Creates the California Occupational Safety and Health Act (Act) to assure the safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for education, training, and enforcement in the field of occupational safety and health. (Labor Code Section 6300.)
- Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code Section 6308.)
- Establishes the Occupational Safety and Health Standards Board (standards board) within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code Section 140 et seq.)
- Requires every employer to establish, implement, and maintain an effective written injury prevention program. (Labor Code Section 6401.7 et seq.)
- Provides for civil penalties for violations of any occupational safety or health standard, order, special order, or provisions relating to the spraying of asbestos. (Labor Code Sections 6427, 6428, and 6429.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Workplace violence is a devastatingly familiar occurrence that wreaks havoc on families and communities across the country. According to the Violence Project, between 1966 and 2021, there were 53 instances of workplace shootings across the country, constituting more than 30% of the 188 mass shootings, defined as a multiple homicide incident in which four or more victims are murdered with a firearm not including the perpetrator within a single event, which occurred during the same period at the workplace. (Ivan Pereira, Workplaces are the most common mass shooting sites, data shows, ABC News (April 11, 2023) available at Workplaces are the most common mhttps://abcnews.go.com/US/workplaces-common-mass-shooting-site-data-shows/story?id=98502802ass shooting sites, data shows - ABC News (go.com).) The United States Center for Disease Control and Prevention reported that 392 workers died in workplace violence incidents in 2020 alone. (Occupational Violence: Fast Facts, Center for Disease Control and Prevention: National Institute for Occupational Safety and Health (NIOSH) available at: https://www.cdc.gov/niosh/topics/violence/fastfacts.html.) These numbers are striking, and notably only capture incidents involving fatalities. The numbers of workers impacted by workplace violence are significantly higher: in 2020, assaults occurring in the workplace resulted in 20,050 injuries and illnesses that necessitated days away from work. Overall, the United States saw 1,176,340 workplace violence events or exposures involving assault. Broken down by industry, 99% of workplace violence incidents occurred in the service industry, and 76% occurred in the health care sector. (Assault at Work, National Safety Council available at: https://injuryfacts.nsc.org/work/safety-topics/assault/#_ga=2.160881086.2078894905.1643033960-1441430512.1617649997.) California has suffered examples of workplace violence multiple times in the past few years alone. On January 24, 2023, a man shot and killed seven farm workers at a mushroom farm in Half Moon Bay where he also worked. (Yan, Chan, et. al, The Half Moon Bay massacre was an apparent workplace violence case. The suspect had been accused of violence against a coworker in 2013, court records show, CNN (January 24, 2023) available at: https://www.cnn.com/2023/01/24/us/half-moon-bay-california-shootings-tuesday/index.html) Nearly two years earlier, in May of 2021, a Santa Clara Valley Transportation Authority (VTA) employee shot and killed nine coworkers at a light rail station in San Jose. (Jason Hanna, Josh Campbell and Amir Vera, The San Jose gunman appeared to specifically target his victims, sheriff says, CNN (May 28, 2021) available at: https://www.cnn.com/2021/05/27/us/san-jose-shooting-thursday/index.html.)
According to the author:
SB 553 will expedite workplace violence prevention standards for non-healthcare workers and offer all workers the same protections that healthcare workers enjoy. Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability.
This bill would expand on existing law to authorize collective bargaining representatives to petition a court for a temporary restraining order (TRO) and order after hearing on behalf of an employee that they represent who has been the victim of unlawful violence or threat of unlawful violence in the workplace. Importantly, the bill prohibits a court from issuing an order that would otherwise infringe on existing statutory protections, such as the First Amendment, and the National Labor Relations Act.
Under Code of Civil Procedure Section 527.6, any individual may seek a TRO and a subsequent order after hearing against another person in situations involving unlawful violence, a credible threat of violence, or harassment. Additionally, Section 527.8 grants employers the right to petition a court for a TRO and order after hearing on behalf of an employee or employees. Courts are authorized to grant both a TRO and order after hearing specifying that the restrained party is prohibited from engaging in a number of types of conduct including harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, calling, destroying the personal property, contacting, or coming within a specified distance of the individual named in the order. (Sections 527.6 (b)(6), 527.8 (b)(6).)
The statutory authorization for employers to obtain TROs on behalf of their employees has functioned as an important tool to combat workplace violence in California. Particularly in the context of large employers, however, it is reasonable to conclude that employers may be overwhelmed with other obligations and unable to attend to each potential threat against their employees. It seems a reasonable approach to conclude that authorizing collective bargaining representatives, who often have regular direct contact with their members, may help facilitate the protection of all employees in the workplace.
Similar legislation heard by this Committee and conforming authors amendments. SB 428 (Blakespear, 20232) also amends Section 527.8 by allowing employers to seek a TRO on behalf of their employees who have suffered harassment, in addition to unlawful violence and threats. The bill also included language that requires an employer seeking a TRO on behalf of an employee to first offer the employee an opportunity to decline to be included in the petition. This amendment ensures that a worker is able to retain their individual autonomy and appropriately respond to their individual circumstances outside of the workplace. The same logic applies here – a represented employee may have specific circumstances outside of the workplace that may be negatively exacerbated by the filing of a TRO on their behalf. The fact that it is a collective bargaining representative rather than an employer does little if anything to address this concern. As such, the author proposes to amend the bill to conform with the language in SB 428 as follows:
Insert the following language on page 12, between lines 31 and 32:
(e) Prior to filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered unlawful violence or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employee’s request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
Opposition appears limited to provisions outside of this Committee’s jurisdiction. Opposition letters submitted to previous Committees by a coalition of business advocates led by the California Chamber of Commerce specifically state that they do not oppose allowing collective bargaining representatives to seek workplace violence restraining orders on behalf of their members. Subsequent letters omit this explicit statement, however, the identified concerns continue to arise solely out of Sections 3 and 4 of the bill, which encompass new workplace safety standard requirements. Stakeholders who have taken either a position of support if amended or oppose unless amended have specified amendments within the other sections of the bill not relating to the TRO procedures. These subjects fall within the jurisdiction of the Committee on Labor and Employment and thus outside the scope of this Committee’s jurisdiction. Given that this bill, and presumably these concerns, were evaluated by the Committee on Labor and Employment, this analysis does not extrapolate on their policy implications.
ARGUMENTS IN SUPPORT: This bill is supported by a broad coalition of labor unions and workers’ rights advocates. It is co-sponsored by United Food and Commercial Workers, Western States Council (UFCW), and the American Federation of State, County and Municipal Employees (AFSCME). UFCW writes the following:
California workers should not have to wake up each morning afraid that they will be assaulted or killed while at work. Unfortunately, we’ve seen that the opposite is true. For far too many Californians, the stress of simply earning a living and providing for a family is inhumanly compounded by a daily terror of being violently attacked while at work. Both data and experience show their fear is warranted.
Workplace violence incidents are becoming more prevalent across all different types of workplaces in California. The Occupational Safety and Health Administration (OSHA) has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly two million workers are affected by workplace violence each year. On average, 1.3 million nonfatal violent crimes occur in the workplace annually, with female workers having higher rates than male workers of nonfatal injuries due to workplace violence resulting in days away from work. Over ten percent of the more than five thousand workplace fatalities that occurred in 2019 were caused by intentional violence.
Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores. According to the Bureau of Labor Statistics, 20,870 workers in the private industry experienced trauma from nonfatal workplace violence in 2019 and of these victims nearly 70% were women. Last year, the F.B.I. said more than half of active shooter attacks occurred in places of commerce, including stores.6 Hate crimes in grocery stores quadrupled since 2010.7 There were 160 known hate crimes recorded at grocery stores in 2020 alone and 22 of these hate crimes involved murder, three times as many as 2010. From 2020 to 2021, Stop AAPI Hate cataloged more than 10,000 hate incidents and found that one in 10 hate incidents occurred in grocery stores. This is a worker health and safety emergency and needs to be addressed as such.
ARGUMENTS IN OPPOSITION: This bill is opposed by numerous business advocates in a coalition led by the California Chamber of Commerce, as well as a number of local government organizations. The Rural County Representatives of California (RCRC) write the following:
We understand there is concern with the deliberative, stakeholder inclusive regulatory process underway with Cal/OSHA to develop guidance on the same topic. We appreciate the recent amendment to delay implementation but would encourage consideration to also delay moving this bill forward without more extensive conversations with the diverse types of employers, and still aim to meet a January 1, 2025 deadline.
We are concerned with the scale and cost of obligations imposed by SB 553. Unlike private industry, local fee authority does not allow for cost recovery. For school districts alone, the initiation workplace violence prevention plan training component for just one hour would be approximately $19 million in Proposition 98 dollars.
Local agencies take employee safety seriously. There are also existing requirements across various statutes to provide workplace protections for public employers. Furthermore, if implementation is not to take place until January 2025, we request that conversations continue during the legislative interim to understand the full implementation needs and possible unintended consequences of applying a healthcare worksite standard to a diverse group of public sector settings like schools, libraries, and public safety departments
The California Chamber of Commerce states:
Context: Cal/OSHA is Working on a General Industry Workplace Violence Regulation.
The California Division of Occupational Safety and Health (Cal/OSHA) worked with stakeholders and created a workplace violence regulation focused on healthcare settings that went into effect in April of 2017 (the “Healthcare WV Standard”). The Healthcare WV Standard was the product of intense discussions between hospitals, advocates, and Cal/OSHA regarding what was feasible for healthcare workplaces. Ultimately, the resulting standard compelled hospitals to log and record violent incidents, implement increased training, lengthy annual reviews of all prior events and their processes, and provide individual counseling. No other industries were involved in the discussions.
After the completion of the Healthcare WV Standard, Cal/OSHA began work on a broad, multi-industry workplace violence regulation (“Draft Multi-Industry Standard”), and convened meetings with stakeholders to discuss the difficult task of how to apply similar obligations to employers across all industries and settings. This process was paused when Cal/OSHA urgently focused on an emergency wildfire smoke regulation in 2018/2019, and again while Cal/OSHA was drafting/revising the state’s COVID-19 regulation from 2020-2022. With these interruptions done, Cal/OSHA has re-commenced its process on its Draft Multi-Industry Standard and will be meeting with stakeholders this Summer with a new draft version of its text.
SB 553 Ignores Years of Work by Cal/OSHA and Copies the Wrong Regulation.
SB 553 ignores Cal/OSHA’s work and would write the Healthcare WV Standard into the Labor Code for all employers. Because this standard was not written with the majority of California’s businesses in mind and is not feasible across all industries, we must oppose SB 553’s attempt to subvert an ongoing regulatory process.
Cal/OSHA began drafting a general industry workplace violence regulation because their experts recognized that hospitals are not the same as most employers in California. On the whole, hospitals are centralized (in one building or closely grouped structures), with highly trained and educated staff, distinct entrance/exit points, and have well-developed administrative and legal teams. In addition, hospitals’ financial resources are far beyond most workplaces. Consider a small business, such as a restaurant, with 8 employees – and compare that to a hospital. Or a plumbing business – where individual employees routinely travel to different locations and work alone. Or a tourism business providing tours of California’s wilderness. In short, hospitals simply are not the average employer in California – which is why Cal/OSHA chose not to apply the hospital standard to all employers.
SB 553 Will Not Prevent Any Workplace Violence.
Even assuming SB 553 was attempting to help accelerate Cal/OSHA’s work – which it is not, as discussed above, because it copies a standard Cal/OSHA does not believe should apply to most employers – it still would be the wrong policy choice.
Simply put, SB 553 will not actually prevent any workplace violence, so there is no urgency to supersede Cal/OSHA’s ongoing work. Substantively, SB 553 does not change the realities around workplace violence – namely, that it is a criminal matter that employers are not well-equipped to prevent. An active shooter entering a workplace – while tragic – is not something most businesses (or public entities) are ever going to be equipped to handle. This legislation will not summon armed guards to every retail establishment in the state, or improve police response times, or prevent oral threats from being spoken. Instead, it will, at its core, require businesses to keep more records of these events, and create administrative burdens to review these records repeatedly. While we do not dispute that recordkeeping can be an important part of justice – and certainly many regulations require records be kept – recordkeeping is not so urgent that the present regulatory process should be cut off. In other words: California can afford to get this regulation right via the Cal/OSHA process.
SB 553 Creates Considerable Costs for Both Public and Private Employers in Every Industry – and Will be Infeasible for Small Employers.
SB 553’s compliance obligations apply to all employers in the state - and are significant. SB 553 will require training, recordkeeping, annual reviews, and hiring of additional full-time staff to “prevent and respond to workplace violence events during each shift.” This includes hiring security personnel as well as engineering controls such as physical barriers. In addition, if even a minor workplace violence event occurs (such as a threat by a drunk patron towards a bouncer), then the employer must make available individual counseling to all employees affected. These costs are incredibly significant and will not be feasible for small businesses, and even in larger businesses with tighter margins. Cal/OSHA knew they were not feasible – and that is why Cal/OSHA is working on a form of workplace violence regulation that will work in all workplaces. And SB 553, sadly, ignored Cal/OSHA’s work on this feasible standard.
SB 553’s Infeasible Provisions Will Generate Massive Fines for Employers Across California.
Despite Cal/OSHA’s disagreement, SB 553 would impose its higher-than-hospital standards on every public and private employer in California. What are the consequences of that imposition for California’s employers? California employers will face significant fines for failing these infeasible requirements. Under Cal/OSHA’s penalty structure, for serious violations, these fines are initially $18,000 per violation, and may rise as high as $25,000.
For example: if an employer fails to sufficiently assess its workplace’s potential hazards under SB 553 Section 6401.9(b)(9)), it will be cited. It may then face an additional citation for failing to address the hazards that it failed to identify (under 6401.9(b)(10), or ineffectively training employees regarding the issue it failed to identify (under 6401.9(e)(1)). In this way, an employer may face multiple citations under SB 553 despite no injuries having occurred.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO California (co-sponsor)
United Food and Commercial Workers, Western States Council (co-sponsor)
California Alliance for Retired Americans
California Conference of Machinists
California Food and Farming Network
California Institute for Rural Studies
California Labor Federation, AFL-CIO
California Nurses Association
California Rural Legal Assistance Foundation (CRLA Foundation)
California School Employees Association
California State Council of Service Employees International Union (SEIU California)
California State Legislative Board, Sheet Metal, Air, Rail and Transportation Workers - Transportation Division (SMART-TD)
California Teachers Association
California Teamsters Public Affairs Council
Central California Environmental Justice Network
Central Coast Alliance United for A Sustainable Economy
California Conference Board of the Amalgamated Transit Union
Engineers and Scientists of California
Garment Worker Center
ILWU Local 26
Legal Aid At Work
National Union of Healthcare Workers (NUHW)
Nurse Alliance of SEIU California
Pesticide Action Network
Pesticide Action Network North America
Restaurant Opportunity Center United
Roots of Change
San Mateo Labor Council, AFL-CIO
Santa Clara Wage Theft Coalition
Service Employees International Union (SEIU) California
Southern California Coalition for Occupational Safety and Health
TechEquity Collaborative
United Food and Commercial Workers Western States Council
United Steel Workers (USW) District 12
Utility Workers Union of America
Warehouse Worker Resource Center
Worksafe
1 individual
Support if Amended
California Federation of Teachers AFL-CIO
Opposition
Acclamation Insurance Management Services
Agricultural Council of California
Allied Managed Care
American Council of Engineering Companies
American Council of Engineering Companies, California
American Pistachio Growers
Associated General Contractors of California
Associated General Contractors-san Diego Chapter
Associated Roofing Contractors
Association of California School Administrators
California Apartment Association
California Association of Winegrape Growers
California Attractions and Parks Association
California Beer and Beverage Distributors
California Builders Alliance
California Building Industry Association
California Business Roundtable
California Chamber of Commerce
California Cotton Ginners and Growers Association
California County Superintendents
California Craft Brewers Association
California Distributors Association
California District Attorneys Association
California Farm Bureau
California Framing Contractors Association
California Fresh Fruit Association
California Grocers Association
California Hispanic Chambers of Commerce
California Hotel & Lodging Association
California Independent Petroleum Association (CIPA)
California Landscape Contractor's Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers & Technology Association
California Pool & Spa Association
California Restaurant Association
California Retailers Association
California Special Districts Association
California State Association of Counties (CSAC)
California State Council of The Society for Human Resource Management (CALSHRM)
California Travel Association
California Trucking Association
Coalition of Small and Disabled Veteran Businesses
Far West Equipment Dealers Association
Flasher Barricade Association
Housing Contractors of California
Independent Insurance Agents & Brokers of California, INC.
League of California Cities
Los Angeles County Business Federation (BIZFED)
National Association of Theater Owners
National Association of Theatre Owners of California
National Federation of Independent Business
Nisei Farmers League
Official Police Garages of Los Angeles
Plant California Alliance
Residential Contractors Association
Resource Recovery Coalition of California
Rural County Representatives of California (RCRC)
Western Agricultural Processors Association
Western Electrical Contractors Association
Western Steel Council
Oppose Unless Amended
Air Conditioning Sheet Metal Association
California Association of Sheet Metal & Air Conditioning Contractors National Association
California Legislative Conference of Plumbing, Heating & Piping Industry
Construction Employers' Association
Finishing Contractors Association of Southern California
National Electrical Contractors Association (NECA)
Northern California Allied Trades
Southern California Contractors Association
Southern California Glass Management Association (SCGMA)
United Contractors (UCON)
Wall and Ceiling Alliance
Western Line Constructors Chapter, Inc.
Western Painting and Coating Contractors Association
Western Wall and Ceiling Contractors Association (WWCCA)
Analysis Prepared by: Manuela Boucher-de la Cadena/ JUD. / (916) 319-2334
Date of Hearing: June 28, 2023
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Ash Kalra, Chair
SBPCA Bill Id:SB 553
Author:(Cortese) – As Amended Ver:June 20, 2023
SENATE VOTE: 29-8
SUBJECT: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
Note: This analysis only covers bill provisions within the jurisdiction of this Committee.
SUMMARY: Adds to the required elements of an employer’s injury prevention program a workplace violence prevention plan (WVPP), subject to review at least annually, for the purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. Requires an employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. Specifically, this bill:
- Adds to the required elements of an employer’s injury prevention program a WVPP for the purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.
- Prohibits punitive action or retaliation by an employer because an employee has sought assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Definitions
- Specifies that the term “employer” includes the state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
- Specifies that the term “employer facilities” shall not include facilities operated by the Department of Corrections and Rehabilitation.
- Defines “dedicated safety personnel” to include, but not be limited to, security guards, security officers, loss prevention officers, and other persons employed for purposes of ensuring the security of persons at, and property of, the employer’s workplaces.
- Defines “engineering controls” to 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, as described.
- Defines “environmental risk factors” to mean factors in the facility or area in which services or operations are conducted that may contribute to the likelihood or severity of a workplace violence incident. “Environmental risk factors” include, but are not limited to, risk factors associated with the specific task being performed, such as the collection of money.
- Defines “workplace violence” to mean any act of violence or threat of violence that occurs at the workplace. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes any of the following:
- 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.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
WVPP Provisions
- Provides that the WVPP may be incorporated into the written injury prevent program as a separate chapter or may be maintained as a separate document, and shall include, among other things, the following elements:
- The names or job titles of the persons responsible for implementing and maintaining the workplace violence prevention plan.
- Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the workplace violence prevention plan, as specified.
- Methods the employer will use to coordinate implementation of the workplace violence prevention plan with other employers whose employees work in the same facility, department, or operation, to ensure that those employers and employees understand their respective roles as provided in the workplace violence prevention plan, as described.
- Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Procedures to ensure that supervisory and nonsupervisory employees comply with the workplace violence prevention plan.
- Procedures to communicate with employees regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
- Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation, and surrounding areas. Environmental risk factors shall include, among other things, employees working in isolation, lack of physical barriers between employees and potentially violent persons, lack of effective escape routes, and obstacles to alarm system access.
- Procedures to correct workplace violence hazards, as specified, in a timely manner. Engineering and work practice controls shall be used to eliminate or minimize employee exposure to the identified hazards to the extent feasible. The procedures shall include:
- Measures that the employer will take to protect employees from imminent hazards immediately and to protect employees from identified serious hazards within seven days of the discovery of the hazard where there is a realistic possibility that death or serious physical harm could result from the hazard.
- When an identified corrective measure cannot be implemented within this timeframe, interim measures to abate the hazard.
- Procedures for postincident response and investigation, that include, among other things, immediate medical care for injured employees, identifying affected employees, offering counseling and employee assistance programs, and reviewing the incident with employee input.
- Provisions prohibiting the employer from maintaining policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.
Violent Incident Log Provisions
- Requires the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation.
- Requires information about each incident to be based on information solicited from the employees who experienced the workplace violence. The employer shall omit from the violent incident log any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, as specified.
- Requires the information recorded in the log to include, among other things, a detailed description of the incident, a classification of who committed the violence, the working conditions at the time of the incident, the type of incident, and the consequences of the incident.
Annual Review and Training Provisions
- Requires the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan for the overall facility or operation in relation to the employees’ respective work areas, services, and operations.
- Requires, based on the review above, the workplace violence prevention plan to be updated in a manner that is specific to each of the units within a facility, the facility as a whole, or the particular operation, as applicable, if necessary. The updates shall include, among other things, changes in staffing, engineering controls or facility modifications, newly recognized hazards, and a response to information indicating the prevention plan is deficient in any area.
- Requires the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs.
- Provides that the employer shall have an effective procedure for obtaining the active involvement of employees and their collective bargaining representatives, if any, in developing training curricula and training materials, participating in training sessions, and reviewing and revising the training program.
- Requires the initial and subsequent annual training to be appropriate in content and vocabulary, as specified, in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan.
Record Retention Provisions
- Requires records of workplace violence hazard identification, evaluation, and correction to be created and maintained, as specified. This requirement applies regardless of employer size.
- Provides that training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. This requirement applies regardless of employer size.
- Requires records of violent incidents, including, but not limited to, violent incident logs and workplace violence injury investigations, to be maintained for a minimum of five years or pursuant to other law, whichever is greater. Notwithstanding any law, these records shall not contain “medical information,” as defined.
- States that all of the above records shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
EXISTING LAW:
- Creates the California Occupational Safety and Health Act (Act) to assure the safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for education, training, and enforcement in the field of occupational safety and health. Labor Code §6300.
- Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. Labor Code §6308.
- Establishes the Occupational Safety and Health Standards Board (standards board) within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers.
Labor Code § 140 et seq. - Requires every employer to establish, implement, and maintain an effective written injury prevention program. Labor Code § 6401.7 et. seq.
- Provides for civil penalties for violations of any occupational safety or health standard, order, special order, or provisions relating to the spraying of asbestos. Labor Code § 6427, § 6428, § 6429.
FISCAL EFFECT: According to the Senate Committee on Appropriations, the Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.64 million, and $1.58 million annually thereafter, to implement the provisions of the bill (Labor Enforcement and Compliance Fund). Cost drivers would include enforcement, consultation and legal workload.
COMMENTS: Note: This measure is double referred to the Assembly Judiciary Committee upon passage out of this Committee.
Workplace violence in the United States is on the rise. As shared with the Committee by the author, “the Occupational Safety and Health Administration (OSHA) has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly two million workers are affected by workplace violence each year.[1] On average, 1.3 million nonfatal violent crimes occur in the workplace annually, with female workers having higher rates than male workers of nonfatal injuries due to workplace violence resulting in days away from work.[2]” In addition, a 2014 analysis of disparities among victims of workplace violence by the American Journal of Industrial Medicine found elevated homicide rates for workers who are Black, American Indian, Alaska Natives, Asian, or Pacific Islanders, and those who were born outside of the United States.[3]
In California, an occupational safety and health standard may be amended, adopted or repealed by the standards board. The board is required to hold open public meetings at least monthly and to permit any person to address the board who may wish to propose new or revised standards. Proposals to amend, adopt or repeal a standard are made by petition, orally or in writing. Petitions for standard changes are evaluated by Cal/OSHA. The timeline from petition to adoption is multi-year, in some cases taking six plus years.
As mentioned in the Senate Committee on Labor, Public Employment and Retirement’s analysis
of the bill, in 2017 and precipitated by SB 1299 (Padilla) from 2014, “the Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard. Employers covered by this standard must establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA.
The standard consists of eight subsections:
- Scope and Application
- Definitions
- Workplace Violence Prevention Plan
- Identifying risk factors for workplace violence
- Correcting workplace violence hazards
- Preparing for workplace violence emergencies
- Responding to workplace violence incidents
- Workplace violence prevention plans involving multiple employers
- Violent Incident Log Requirements
- Annual Review of the Workplace Violence Prevention Plan
- Training of Employees: Initial training, additional when new equipment or work practices are introduced, and annual refresher training.
- Reporting Requirements for General Acute Care Hospitals, Acute Psychiatric
Hospitals, and Special Hospitals - Recordkeeping: Employees and their representatives have access to complete violent incident logs.
Implementation of most of these elements were captured as part of the illness injury prevention plan (IIPP) requirements under existing law, with new incident logs and reporting requirements not previously required.”
In January 2017, in order to extend similar workplace violence protections to workers in non-
healthcare industries, Cal/OSHA released a proposed draft of the “General Industry Workplace
Violence Standard.” Five years later, in May 2022, Cal/OSHA circulated another discussion
draft. To date, the standards board has yet to begin the formal rulemaking process for the
standard.
According to the author, “SB 553 will expedite workplace violence prevention standards for non-healthcare workers and offer all workers the same protections that healthcare workers enjoy. Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability.” He also notes that the bill “promotes equity and safety by expediting workplace violence standards for non-healthcare workers.”
Arguments in Support
The United Food and Commercial Workers Western States Council, sponsor of the bill, states, “Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores. According to the Bureau of Labor Statistics, 20,870 workers in the private industry experienced trauma from nonfatal workplace violence in 2019 and of these victims nearly 70% were women. Last year, the F.B.I. said more than half of active shooter attacks occurred in places of commerce, including stores. Hate crimes in grocery stores quadrupled since 2010. There were 160 known hate crimes recorded at grocery stores in 2020 alone and 22 of these hate crimes involved murder, three times as many as 2010. From 2020 to 2021, Stop AAPI Hate cataloged more than 10,000 hate incidents and found that one in 10 hate incidents occurred in grocery stores. This is a worker health and safety emergency and needs to be addressed as such.
Our members’ experience in the post-pandemic world underscores the urgency of worker
protection. Over the last several years, reports of workplace violence from our members have
skyrocketed. It is now sadly true that most of our members have been the victim of at least one
incident of threatened or actual workplace violence and many intolerably experience workplace
violence on a regular basis. Our members have been robbed at gunpoint; they’ve been attacked
physically, some to the point of needing to be hospitalized; they’ve been spat upon by people
infected with COVID-19; they are routinely threatened with violence; and at some stores, they
deal with homeless individuals, some with severe mental health challenges daily. A few
members have even been murdered while performing their jobs.”
Arguments in Opposition
A coalition of employer organizations, including the California Chamber of Commerce, are opposed and state, “Ignoring years of work by Cal/OSHA’s experts is the fundamental mistake at the heart of SB 553’s good intentions. Cal/OSHA began drafting a general industry workplace violence regulation because their experts recognized that hospitals are not the same as the majority of businesses in California. On the whole, hospitals are centralized (in one building or closely grouped structures), with highly-trained and educated staff, distinct entrance/exit points, and have well-developed administrative and legal teams. In addition, hospitals’ financial resources are far beyond most workplaces. Consider a small business, such as a restaurant, with 8 employees – and compare that to a hospital. Obviously, there are vastly different capabilities between the two. Or a plumbing business – where employees routinely travel to different locations as part of work, and work alone. Or a tourism business providing tours of California’s wilderness. In short, hospitals simply are not the average employer in California – which is why Cal/OSHA has been working to create a regulation that makes sense for all workplaces in the state.
SB 553 ignores Cal/OSHA’s recent process and would write the Healthcare WV Standard into the Labor Code for all employers. Because this standard was not written with the majority of California’s businesses in mind (as Cal/OSHA recognized), we must oppose SB 553’s attempt to subvert an ongoing regulatory process.”
Prior Legislation
SB 1299 (Padilla) Chapter 842, Statutes of 2014, required the Occupational Safety and Health
Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.
REGISTERED SUPPORT / OPPOSITION:
Support
United Food and Commercial Workers, Western States Council (Sponsor)
American Federation of State, County and Municipal Employees
California Alliance for Retired Americans
California Food and Farming Network
California Institute for Rural Studies
California Labor Federation
California Nurses Association
California Rural Legal Assistance Foundation
California School Employees Association
California State Council of Service Employees International Union
California State Legislative Board, Sheet Metal, Air, Rail and Transportation Workers - TD (SMART-TD)
California Teachers Association
Central California Environmental Justice Network
Garment Worker Center
ILWU Local 26
Legal Aid At Work
National Union of Healthcare Workers
Nurse Alliance of Seiu California
Pesticide Action Network
Restaurant Opportunity Center United
Roots of Change
San Mateo Labor Council
Santa Clara Wage Theft Coalition
Techequity Collaborative
Warehouse Worker Resource Center
Worksafe
Oppose
Acclamation Insurance Management Services
Agricultural Council of California
Allied Managed Care
American Council of Engineering Companies
American Council of Engineering Companies, California
American Pistachio Growers
Association of California School Administrators
Associated General Contractors of California
Associated General Contractors-San Diego Chapter
Associated Roofing Contractors
Bizfed - Los Angeles County
California Apartment Association
California Association of Sheet Metal & Air Conditioning Contractors National Association
California Association of Winegrape Growers
California Attractions and Parks Association
California Bankers Association
California Beer and Beverage Distributors
California Builders Alliance
California Building Industry Association
California Business Roundtable
California Chamber of Commerce
California Cotton Ginners and Growers Association
California County Superintendents
California Craft Brewers Association
California Distributors Association
California Farm Bureau
California Framing Contractors Association
California Fresh Fruit Association
California Grocers Association
California Hispanic Chambers of Commerce
California Hotel & Lodging Association
California Independent Petroleum Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers & Technology Association
California Pool & Spa Association
California Restaurant Association
California Retailers Association
California Special Districts Association
California State Council of The Society for Human Resource Management (CALSHRM)
California Travel Association
California Trucking Association
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Far West Equipment Dealers Association
Flasher Barricade Association
Housing Contractors of California
Independent Insurance Agents & Brokers of California, INC.
Los Angeles County Business Federation (BIZFED)
National Association of Theatre Owners of California
National Federation of Independent Business
Nisei Farmers League
Official Police Garages of Los Angeles
Plant California Alliance
Residential Contractors Association
Resource Recovery Coalition of California
Rural County Representatives of California
Western Agricultural Processors Association
Western Electrical Contractors Association
Western Steel Council
Oppose Unless Amended
Air Conditioning Sheet Metal Association
California Legislative Conference of Plumbing, Heating & Piping Industry
Finishing Contractors Association of Southern California
National Electrical Contractors Association
Northern California Allied Trades
Southern California Contractors Association
Southern California Glass Management Association
United Contractors
Wall and Ceiling Alliance
Western Line Constructors Chapter, Inc., Neca, Inc.
Western Painting and Coating Contractors Association
Western Wall and Ceiling Contractors Association
Analysis Prepared by: Megan Lane / L. & E. /
https://www.dir.ca.gov/dosh/dosh_publications/worksecurity.html ↑
https://bjs.ojp.gov/press-release/federal-agencies-release-joint-study-workplace-violence ↑
Steege, A, et al (2014). Examining occupational health and safety disparities using national data: a cause for continuing concern. Am J of Ind Med 57:527-538. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 553 |
THIRD READING
Bill No: SB 553
Author: Cortese (D)
Amended: 5/22/23
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 4/12/23
AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas
SENATE JUDICIARY COMMITTEE: 10-1, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Stern, Wiener
NOES: Niello
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SUBJECT: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
SOURCE: United Food and Commercial Workers, Western States Council
DIGEST:
This bill requires employers to establish, implement and maintain a workplace violence prevention plan that includes, in addition to other elements, record keeping, hazard evaluation and corrections, annual trainings requirements and protections for employees seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs. Additionally, the bill authorizes a collective bargaining representative of an employee who has suffered unlawful violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee at the workplace.
Senate Amendments of 5/22/23 1) delay for one year the implementation of the Temporary Restraining Order (TRO) provisions; 2) clarify that only a person who serves as a collective bargaining representative for that employee may bring a TRO or order after hearing on behalf of such employee; and 3) narrow the “workplace violence” definition to remove verbal harassment.
ANALYSIS:
Existing law:
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that must include, among other things, a system for identifying and evaluating workplace hazards. (Labor Code §6401.7)
- Requires every employer to file a complete report with Cal/OSHA of every occupational injury or occupational illness to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. (Labor Code §6409.1)
- Prohibits a person from discharging or in any manner discriminating against any employee because the employee, among other things, reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), as specified. (Labor Code §6310)
- Prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. (Labor Code §6311)
- Establishes the Workplace Violence Prevention in Health Care standard, as part of its injury and illness prevention plan, requiring specified health care employers to maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees to protect health care workers and other facility personnel from aggressive and violent behavior. (Labor Code §6401.8)
- Authorizes an employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (Code of Civil Procedure §527.8)
This bill:
Temporary Restraining Orders
- Authorizes a collective bargaining representative (in addition to the employer under existing law) of an employee who has suffered unlawful violence or a credible threat of violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee or any number of other employees at the workplace.
Workplace Violence Prevention Plan
- Requires every employer, as part of the IIPP required under existing law, to additionally establish, implement, and maintain, at all times in all of the employer’s facilities, a workplace violence prevention plan (plan) for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.
- Specifies that the workplace violence prevention plan may be incorporated into the IIPP or maintained as a separate document, and shall include, among other things, the following elements:
- Names or job titles of persons responsible for implementing and maintaining the plan.
- Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the plan, as specified.
- Effective procedures for obtaining assistance from appropriate emergency and law enforcement agencies, as specified, including a policy protecting employees who seek assistance and intervention from such agencies.
- Effective procedures to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Employee communication procedures regarding violence, including communication between shifts and departments, how to report incidents, threats or other violence without reprisal and how they will be investigated.
- Procedures to develop, with input from employees and collective bargaining representatives, and provide specified training.
- Assessment procedures to identify and evaluate environmental risk factors, as specified, including community-based risk factors, as specified.
- Procedures to correct workplace violence hazards in a timely manner and for hazards posing a realistic possibility of death or serious physical harm, within seven days of the discovery, as specified. Corrective measures include, among other things, ensuring sufficient staff is trained and available (with no other duties) and using an alarm system, as specified.
- Procedures for postincident response and investigation, including, among other things, making trauma counseling available and referring affected employees to worker wellness centers, as specified.
- Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
- Requires the employer to record information, confidentially as specified, in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with these provisions. The bill specifies what information must be included in the violent incident log and requires that the log be reviewed during the annual review of the plan.
- Requires the employer to establish and implement a system to annually review, in conjunction with employees and their bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as specified. Problems found during the review shall be corrected, as specified, and requires the plan to be updated based on this review and as specified.
- Requires the employer to develop, with input from employees and their representatives, if any, and provide effective training to employees, as specified, that addresses workplace violence risks. Training material must be appropriate in content and vocabulary to the educational level, literacy, and language of employees.
- Specifies that all employees of the employer shall have all trainings required in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers.
- Requires that all employees working in the facility, unit, service, or operation be provided all of the following trainings:
- Initial training when the plan is first established and when an employee is newly hired/assigned to duties for which the training was not previously provided. Training must address workplace violence hazards identified and the corrective measures the employer has implemented, as specified.
- Additional training when new equipment or practices are introduced or when a new workplace violence hazard has been identified.
- Training, per (a) above, at least annually thereafter.
- Requires records of workplace violence hazard identification, evaluation, and correction to be created and maintained, as specified, for a minimum of one year and include training dates, contents or summary training sessions, names and qualifications of trainers, and names and job titles of all persons attending.
- Requires records of violent incidents, as specified, to be maintained for a minimum of five years or pursuant to other law, whichever is greater, and to be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
- Prohibits an employer from interfering, or taking punitive or retaliatory action against for, in employees seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Background
As a result of SB 1299 (Padilla, Chapter 842, Statutes of 2014), the Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard that requires, among other things, covered employers to maintain a violent incident log, and provide effective training to employees. Cal/OSHA is currently developing a new general industry regulation on Workplace Violence Prevention that will apply to most workplaces in California. The regulation is currently being drafted based on input from two public meetings and two rounds of written comments.
[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for data on workplace violence and more background information on the steps to develop and adopt an occupational safety and health standard.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, the Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.64 million, and $1.58 million annually thereafter, to implement the provisions of the bill (Labor Enforcement and Compliance Fund). Cost drivers would include enforcement, consultation and legal workload.
SUPPORT: (Verified 5/23/23)
United Food and Commercial Workers, Western States Council (source)
American Federation of State County and Municipal Employees
California Alliance for Retired Americans
California Food and Farming Network
California Institute for Rural Studies
California Labor Federation, AFL-CIO
California Nurses Association
California Rural Legal Assistance Foundation
California School Employees Association
California State Council of Service Employees International Union
California State Legislative Board, Sheet Metal, Air, Rail and Transportation
Workers – Transportation Division
California Teachers Association
Central California Environmental Justice Network
Garment Worker Center
ILWU Local 26
Legal Aid At Work
National Union of Healthcare Workers
Nurse Alliance of SEIU California
Pesticide Action Network
Restaurant Opportunity Center United
Roots of Change
San Mateo Labor Council, AFL-CIO
Santa Clara Wage Theft Coalition
TechEquity Collaborative
Warehouse Worker Resource Center
Worksafe
OPPOSITION: (Verified 5/23/23)
Acclamation Insurance Management Services
Allied Managed Care
American Pistachio Growers
Agricultural Council of California
American Council of Engineering Companies, California
Associated General Contractors of California
Associated General Contractors San Diego Chapter
Associated Roofing Contractors
California Apartment Association
California Association of Sheet Metal & Air Conditioning Contractors National
California Association of Winegrape Growers
California Attractions and Parks Association
California Beer and Beverage Distributors
California Builders Alliance
California Building Industry Association
California Business Roundtable
California Chamber of Commerce
California Cotton Ginners and Growers Association
California Craft Brewers Association
California Distributors Association
California Farm Bureau
California Framing Contractors Association
California Fresh Fruit Association
California Grocers Association
California Hispanic Chambers of Commerce
California Hotel & Lodging Association
California Independent Petroleum Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers & Technology Association
California Pool & Spa Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management
California Travel Association
California Trucking Association
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Far West Equipment Dealers Association
Flasher Barricade Association
Housing Contractors of California
Independent Insurance Agents & Brokers of California, Inc.
National Association of Theater Owners
National Federation of Independent Business
Nisei Farmers League
Official Police Garages of Los Angeles
Plant California Alliance
Residential Contractors Association
Resource Recovery Coalition of California
Western Agricultural Processors Association
Western Electrical Contractors Association
Western Steel Council
ARGUMENTS IN SUPPORT: The sponsors of the measure argue that worker health and safety is an emergency and needs to be treated as such noting that, “Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores.” Regarding the pending standard at Cal/OSHA, they argue, “no progress on this standard has been made since its introduction, and many steps remain before it could take effect. Additional advisory committee meetings will likely take place prior to a final draft, and at some point, a Standardized Regulatory Impact Assessment (SRIA) will almost certainly have to be prepared. SRIAs typically take 1-2 years or more. And, once a final version is submitted to the Occupational Safety and Health Standards Board, about a year is necessary before final passage. The remaining steps are highly likely to consume several additional years or more. Workers, who fear for their lives going to work every single day, do not have years to wait for Cal/OSHA to act and adopt a General Industry Workplace Violence Standard.”
ARGUMENTS IN OPPOSITION: A coalition of employers are opposed arguing that, “SB 553 purports to be an attempt to accelerate the multi-industry regulatory process – but it does not build on the language from the most recent Cal/OSHA draft of the Draft Multi-Industry Standard. Instead, SB 553 copies the provisions of the Healthcare WV Standard, which was designed for a relatively small group of well-resourced, technologically advanced employers.” They argue, “hospitals simply are not the average employer in California – which is why Cal/OSHA has been working through a regulatory process to modify the standard to make sense for all workplaces in the state – rather than impose a one-size-fits all standard as SB 553 does.” They additionally argue that, “SB 553 will not actually prevent any workplace violence, so there is no urgency to supersede Cal/OSHA’s ongoing work. Substantively, SB 533 does not change the realities around workplace violence – namely, that it is a criminal matter that employers are not well-equipped to prevent.”
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
5/23/23 13:38:52
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SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 553 (Cortese) - Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
Version: April 17, 2023 | Policy Vote: L., P.E. & R. 5 - 0, JUD. 10 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: May 8, 2023 | Consultant: Robert Ingenito |
Bill Summary:
SB 553 would make specified changes related to workplace violence prevention plans and restraining orders.
Fiscal Impact:
The Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $1.64 million, and $1.58 million annually thereafter, to implement the provisions of the bill (Labor Enforcement and Compliance Fund). Cost drivers would include enforcement, consultation and legal workload.
Background:
As a result of SB 1299 (Padilla, 2014) from, DIR’s Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard. Employers covered by this standard must establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA. The standard consists of eight subsections: (1) Scope and Application, (2) Definitions, (3) Workplace Violence Prevention Plan, (4) Violent Incident Log Requirements, (5) Annual Review of the Workplace Violence Prevention Plan, (6) Training of Employees: Initial training, additional when new equipment or work practices are introduced, and annual refresher training, (7) Reporting Requirements for General Acute Care Hospitals, Acute Psychiatric Hospitals, and Special Hospitals, and (8) Recordkeeping: Employees and their representatives access to complete violent logs. Implementation of the majority of these elements were captured as part of the Injury and Illness Prevention Plan (IIPP) requirements under existing law, with new incident logs and reporting requirements not previously required.
DIR data indicate that “Workplace violence includes threats or acts of physical violence at work and is a serious concern for employers and workers. The latest data shows in 2021, 57 working people died from acts of workplace violence in California. In the U.S., an average of 1.3 million nonfatal violent crimes in the workplace occurred annually from 2015 to 2019.”
Cal/OSHA is currently developing a new regulation on Workplace Violence Prevention that will apply to most workplaces in California. What began as a July 2014 petition to the Occupational Safety and Health Standards Board for amendments to Title 8, with regards to workplace safety standards to reduce injuries in the educational setting by 2018 had turned into a proposal to address workplace violence in all industries. In May 2022, Cal/OSHA was seeking input on a second draft of the general industry workplace violence prevention standard. The regulation is currently being drafted based on input from two public meetings and two rounds of written comments. The newest draft will be discussed at another meeting in 2023 (not yet scheduled as of 4/9/23).
Current law regulates and prescribes the process for adoption of a standard. Below is a timeline of the rulemaking steps for regular (not emergency) rulemaking for an occupational health standard to be proposed, adopted and approved:
- Cal/OSHA conducts preliminary work to prepare proposed text for a new or updated standard or, if appropriate, terminates the process without a proposal.
- Cal/OSHA and the DIR Director's Office staff prepare and submit a pre-rulemaking package to Standards Board that includes the following: (1) proposed text; (2) initial statement of reasons, or ISOR; (3) economic and fiscal impact statement, or form 399; and (4) notice of proposed rulemaking.
- If the proposed standard is not a major regulation, Cal/OSHA and Director's Office prepare an economic impact assessment and include the assessment in the ISOR.
- If the proposed standard is a major regulation, Cal/OSHA and Director's Office prepare a standardized regulatory impact analysis (SRIA) and submit the SRIA to the Department of Finance (DOF) at least 60 or 90 days prior to Step 8. DOF comments on the SRIA within 30 days. Cal/OSHA and Director's Office staff include the SRIA and a summary and analysis of DOF's comments in the ISOR.
- Standards Board staff reviews and finalizes the package for conformance with Administrative Procedure Act requirements.
- Standards Board staff prepares a Secretary's Office Action Request (SAR) and routes the completed package to Director's Office staff.
- Director's Office sends the package to Labor and Workforce Development Agency (Labor Agency) staff, allowing 45 days for approval.
- Labor Agency approves and returns the package to Standards Board.
- The form 399, signed by the fiscal officer of DIR and the Secretary of the Labor Agency, is sent to DIR Budget Office staff, who sends the form to the Department of Finance (DOF).
- Standards Board submits the package to the Office of Administrative Law (OAL).
- OAL publishes the notice of proposed rulemaking in the California Regulatory Notice Register. Standards Board staff posts the notice and other documents and notifies interested parties.
- Standards Board staff holds a public hearing with advance public notice of at least 45 days. Cal/OSHA representative briefs the Standards Board on the proposal.
- Cal/OSHA staff responds to public comments. If necessary, Cal/OSHA staff modifies the proposed text accordingly, in collaboration with Standards Board staff.
- If Cal/OSHA staff makes substantial changes that are sufficiently related to the public comments, Standards Board staff makes the changes available for public comment for at least 15 days.
- Director's Office staff obtains DOF approval of the Fiscal Impact Statement on the form 399, allowing approximately three months for approval. If the fiscal cost estimates on the original form 399 change, Cal/OSHA staff prepares an updated form 399 for DOF review and approval. The form 399 must be approved by DOF before OAL will approve the rulemaking action.
- In collaboration with Cal/OSHA, Standards Board staff prepares and posts a notice of any additional documents relied on and notifies interested parties at least 15 days before the proposed standard is adopted.
- Cal/OSHA staff prepares a rulemaking package that includes the following: (1) final text; (2) final statement of reasons, or FSOR; (3) amended form 399 if necessary; and (4) updated informative digest.
- Standards Board reviews the package for consideration by the Standards Board.
- Standards Board adopts the standard at a monthly public meeting.
- Standards Board staff submits the package to OAL within one year after publication in the California Regulatory Notice Register.
- Within 30 working days, OAL reviews and approves the rulemaking action and transmits the standard to the Secretary of State for filing. If OAL disapproves the proposed standard, the Standards Board may:
- Rewrite and resubmit the standard within 120 days;
- Initiate review by the Governor's Office.
- The standard goes into effect on one of the following dates, unless otherwise specified: (1) January 1, if OAL approves the standard by November 30, (2) April 1, if OAL approves the standard by February 29, (3) July 1, if OAL approves the standard by May 31, or (4) October 1, if OAL approves the standard by August 31
Proposed Law:
This bill would, among other things, do the following:
- Authorize a collective bargaining representative (in addition to the employer under existing law) of an employee who has suffered unlawful violence or a credible threat of violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee or any number of other employees at the workplace. Specify that a person shall be considered a collective bargaining representative for all employees named in the petition for a temporary restraining order and an order after hearing, regardless of whether those employees are represented by the collective bargaining representative for purposes of collective bargaining with respect to conditions of employment under the employer, if the person serves as a collective bargaining representative for at least one employee who works for the employer.
- Require every employer, as defined, to also establish, implement, and maintain, at all times in all of the employer’s facilities, a workplace violence prevention plan as part of the injury prevention program, as described.
- Require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described.
- Require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described.
- Require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described.
- Require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided.
- Provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
Related Legislation:
SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Occupational Safety and Health Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.
Staff Comments:
Any local government costs resulting from the mandate in this measure are not state-reimbursable because the mandate only involves the definition of a crime or the penalty for conviction of a crime.
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Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 553 (Author:Cortese)
Version: April 17, 2023
Hearing Date: April 25, 2023
Fiscal: Yes
Urgency: No
Consultant: ME
SUBJECT
Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
DIGEST
Within the jurisdiction of this Committee, this bill authorizes collective bargaining representatives to seek workplace violence restraining orders on behalf of employees.
EXECUTIVE SUMMARY
A civil restraining order is a court ruling that prevents the restrained party from doing specified things like touching, approaching, or communicating with the person who sought the order. Any individual can seek a restraining order against anyone else for violence, threats of violence, or harassment, defined as a course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, that serves no legitimate purpose, and that is extreme enough that the person and any reasonable person would suffer substantial emotional distress as a result of it. Existing law also permits employers to seek restraining orders on behalf of their employees, thus sparing employees the time, legal knowledge, resources, and emotional energy involved in obtaining a restraining order by themselves. This bill would also authorize a collective bargaining representative of an employee to seek a restraining order on behalf of the employee and employees at the workplace.
The bill is sponsored by the United Food and Commercial Workers and is supported by numerous organizations that represent workers, including the California Teachers Association and the California Federation of Teachers. It is opposed by numerous organizations that represent employers, including the California Chamber of Commerce. However, there is no opposition to the portions of the bill within the jurisdiction of this Committee. Opposition made it clear that they do not oppose the provisions of the bill which allow collective bargaining representatives to seek workplace violence restraining orders on behalf of their members. Opponents are “strongly opposed to the remaining portions of SB 533, which would short-circuit an ongoing regulatory process for unclear reasons, create wasteful recordkeeping obligations, and overreach into simple verbal disputes, all without improving safety.”
The bill passed out of the Senate Labor, Public Employment & Retirement Committee with a 5 to 0 vote.
PROPOSED CHANGES TO THE LAW
Existing law:
- Authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as specified. Sets forth standards and procedures under which a public or private employer may seek a civil restraining order on behalf of an employee who has suffered from unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace (Code Civ. Proc. § 527.8.)
This bill:
- Authorizes a collective bargaining representative of an employee to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as specified.
COMMENTS
- Stated need for the bill
According to the author:
SB 553 would take several steps to prevent workplace injury and violence and ensure employees have access to wellness resources. This bill gives employers and employees the tools to keep themselves safe from assaults and more serious tragedies.
A coalition of 28 organizations, which includes the California Chamber of Commerce, made clear that they do not oppose allowing collective bargaining representatives to seek workplace violence restraining orders on behalf of their members. In fact, they write:
As an initial matter, we want to be clear about what in SB 533 we do not oppose: allowing collective bargaining representatives to seek workplace violence restraining orders on behalf of their members. This change is reasonable to ensure that workers who want to seek a workplace violence restraining order – but do not know how to do so or struggle with language issues – can seek help from their union in doing so.
2. Employers can petition courts for restraining orders on behalf of employees
California law allows anyone to petition the courts for a civil restraining order in situations involving unlawful violence, a credible threat of violence, or extreme harassment. (Code Civ. Proc. § 527.6(a).) Depending how the judge rules, such an order may require the person restrained to refrain from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the person who sought the restraining order. (Code Civ. Proc. § 527.6(b)(6).) The order typically starts as a temporary restraining order. (Code Civ. Proc. § 527.6(d).) If a temporary restraining order has been granted, a hearing must be held within 21 days for the judge to decide whether to extend the restraining order further. (Code Civ. Proc. § 527.6(e) and (f).) Willful violation of a restraining order is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Pen. Code § 273.6.)
Under existing law, an employer can also petition the courts for a restraining order on behalf of an employee, but only in a more limited set of circumstances. Specifically, employers can seek restraining orders on behalf of their employees when those employees have suffered violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace. (Code Civ. Proc. 527.8(a).) This bill also authorizes a collective bargaining representative to obtain petition the courts for a restraining order on behalf of the employees pursuant to Civil Procedure Code section 527.8.
As the Senate Committee on Judiciary analysis of SB 428 (Blakespear, 2023) highlighted, “Absent unlawful violence or a credible threat of violence, the sort of harassment that would be legally sufficient to support an employee’s request for a restraining order on their own behalf is not currently legally sufficient to support a request for a restraining order made by an employer on the employee’s behalf.” This Committee passed SB 428 with a vote of 9 to 0. As both bills move through the legislative process, the Legislature will have to amend the bills to ensure they can conform with one another and do not chapter each other out.
3. Opposition letters are focused on the proposed changes to California’s Occupational Safety and Health law, specifically, changes to Labor Code section 6401.7 and the addition of Labor Code section 6401.9
This bill also enhances provisions in the Labor code that mandate employers to establish, implement, and maintain effective injury prevention programs. The Labor code requires that employer’s injury prevention programs shall be written, except as specified, and include specified elements, such as the identification of the person responsible for implementing the program; employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner; among other requirements. This bill provides that the employer injury prevention program must also include a “workplace violence prevention plan conforming with the requirements of” a new Labor code section contained in this bill. The new Labor Code section 6401.9 requires that “every employer shall establish, implement, and maintain, at all times in all of the employer’s facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace. The workplace violence prevention plan may be incorporated into the written injury prevention program as a separate chapter or may be maintained as a separate document, and shall include” twelve specified elements. The new Labor Code provision would also require certain information to be recorded in a violence incident log, as specified. Additionally, the new Labor code section would require the employer to establish and implement a system to review the effectiveness of the workplace violence prevention plan, as specified, and the new section requires the employer to provide specified training and requirements to involve employees and their collective bargaining representatives in developing the training.
Employer groups and employee groups agree that workplace violence is a grave problem in California. The United Food and Commercial Workers Western States Council, sponsors of the bill, highlight data that shows that workplace violence incidents are becoming more prevalent across all types of workplaces in California, and while healthcare workplaces are covered by a workplace violence standard, other workplaces are not. The sponsors explain:
In 2014, Senator Padilla passed Senate Bill 1299 which required the Cal/OSHA Standards Board to promulgate regulations by July 1, 2016 to protect healthcare workers from workplace violence by mandating protections such as keeping a violent incident log, training, and addressing workplace violence in the injury illness and prevention plan (IIPP). On April 1, 2017, Cal/OSHA officially adopted the Healthcare Workplace Violence Standard, but this standard only offers protections for healthcare workers, excluding most of California’s workforce.
On January 12, 2017, in an effort to adopt workplace violence prevention protections for all non-healthcare workplaces, Cal/OSHA released a proposed draft of the General Industry Workplace Violence Standard. Six years, and numerous workplace deaths, injuries, and incidents later, California workers are still waiting for Cal/OSHA to pass a workplace violence standard to protect them. On May 17th, 2022, Cal/OSHA circulated yet another General Industry Workplace Violence discussion draft, but one that is significantly weaker than the Healthcare Workplace Violence Standard. There is no reason or logic as to why non healthcare workers should enjoy less protections, or no protections, from being violently assaulted on the job than healthcare workers. Unfortunately, there has not been any progress since then on this standard. Workers, who fear for their lives going to work every single day, do not have years to wait for Cal/OSHA to act and adopt a General Industry Workplace Violence Standard.
SB 553 will urgently and swiftly move the needle forward by establishing a floor of protections for all non-healthcare workers experiencing workplace violence by requiring employers to implement the following safeguards:
The coalition of opponents urge the Legislature to allow Cal/OSHA to continue working on a Multi-Industry Standard instead of copying the provisions of the Healthcare work violence standard that was designed and enacted for healthcare settings. Opposition notes that “hospitals are not the same as the majority of businesses in California.” Opponents highlight the variety of employers that would be impacted by this bill and note that the Cal/OSHA process on its Draft multi-Industry Standard is the more appropriate venue to account for the various workplaces and stakeholders. They note that the process will recommence with stakeholders this summer with a new draft version. Opponents assert that:
SB 553 will not actually prevent any workplace violence, so there is no urgency to supersede Cal/OSHA’s ongoing work. Substantively, SB 533 does not change the realities around workplace violence – namely, that it is a criminal matter that employers are not well-equipped to prevent…Instead, it will, at its core, require businesses to keep more records of these events. While we do not dispute that recordkeeping can be an important part of justice – and certainly many regulations require records be kept – that is not a reason to supersede Cal/OSHA’s ongoing work on this issue…While we certainly support (and are working as part of) Cal/OSHA’s ongoing process to create a workable multi-industry workplace violence standard, SB 553 simply does not advance that effort. Instead, it short-circuits that effort and treats all employers like hospitals.
For a detailed analysis of the proposed changes to occupational safety laws please see the Senate Labor, Public Employment and Retirement Committee analysis of this bill.
SUPPORT
American Federation of State, County, and Municipal Employees (sponsor)
United Food and Commercial Workers Western States Council (sponsor)
California Alliance for Retired Americans
California Food and Farming Network
California Institute for Rural Studies
California Rural Legal Assistance Foundation
California School Employees Association, AFL-CIO
California Teachers Association
Central California Environmental Justice Network
Garment Worker Center
National Union of Healthcare Workers
Nurse Alliance of SEIU California
Pesticide Action Network
Restaurant Opportunity of the Bay
Roots of Change
San Mateo County Central Labor Council
Santa Clara County Wage Theft Coalition
Sheet Metal, Air, Rail and Transportation Workers – Transportation Division
TechEquity Collaborative
Warehouse, Processing and Distribution Workers’ Unit of ILWU
Warehouse Worker Resource Center
Worksafe
OPPOSITION
Acclamation Insurance Management Services
Allied Managed Care
American Pistachio Growers
Associated Roofing Contractors
California Association of Sheet Metal and Air Conditioning Contractors, National Association
California Attractions and Parks Association
California Chamber of Commerce
California Cotton Ginners and Growers Association
California Craft Brewers Association
California Farm Bureau
California Framing Contractors Association
California Fresh Fruit Association
California Grocers Association
California Landscape Contractors Association
California League of Food Producers
California Manufacturers & Technology Association
California Restaurant Association
California Retailers Association
Coalition of Small and Disabled Veteran Businesses
Construction Employers’ Association
Far West Equipment Dealers Association
Flasher Barricade Association
Housing Contractors of California
National Federation of Independent Business
Nisei Farmers League
Official Police Garages of Los Angeles
Plant California Alliance
Residential Contractors Association
Western Agricultural processors Association
Western Electrical Contractors Association
Western Steel Council
RELATED LEGISLATION
Pending Legislation: SB 428 (Blakespear, 2023) expands the circumstances under which employers can seek civil restraining orders on behalf of their employees. SB 428 is on the Senate Floor.
Prior Legislation: ABX 68 (Halpert, Ch. 29, Stats. 1994) established the Workplace Violence Safety Act which authorized employers to seek restraining orders on behalf of employees who suffer unlawful violence or a credible threat of violence, as defined.
PRIOR VOTES:
Senate Committee on Labor, Public Employment, and Retirement (5 - 0)
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SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: SB 553 Hearing Date: April 12, 2023
Author: | Cortese | ||
Version: | March 28, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
SUBJECT: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan
KEY ISSUES
Should the Legislature require employers to establish, implement and maintain a workplace violence prevention plan as part of their injury and illness prevention program already required under existing law?
Should this workplace violence prevention plan include record keeping, hazard evaluation and corrections, annual trainings requirements and protections for employees seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs?
Should the Legislature authorize a collective bargaining representative of an employee who has suffered unlawful violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee(s) at the workplace?
ANALYSIS
Existing law:
- The California Occupational Safety and Health Act, assures safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code §6300)
- Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that must include, among other things, a system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices and the employer’s methods and procedures for correcting those unsafe or unhealthy conditions and work practices in a timely manner. The IIPP must also include the employer’s system for communicating with employees on occupational health and safety matters. (Labor Code §6401.7):
- Requires every employer to file a complete report with Cal/OSHA of every occupational injury or occupational illness to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. A report must be filed within five days after the employer obtains knowledge of the injury or illness. In addition to this report, in every case involving a serious injury or illness, or death, the employer is required to make an immediate report to Cal/OSHA by telephone or email. (Labor Code §6409.1)
- Prohibits a person from discharging or in any manner discriminating against any employee because the employee, among other things, reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), as specified. (Labor Code §6310)
- Entitles any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by their employer because of their exercise of their rights under (5) above to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Labor Code §6310(b))
- Prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Any employee who is laid off or discharged in violation of this right shall have a right of action for lost wages for the time the employee is without work as a result of the layoff or discharge.
(Labor Code §6311)
- Establishes the Workplace Violence Prevention in Health Care standard, as part of its injury and illness prevention plan, requiring specified health care employers to maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees to protect health care workers and other facility personnel from aggressive and violent behavior. (Labor Code §6401.8)
- Defines “workplace violence” to include, but is not limited to, both of the following:
- The use of physical force against a hospital employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
(Labor Code §6401.8)
- Authorizes an employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (Code of Civil Procedure §527.8)
This bill:
Temporary Restraining Orders
- Authorizes a collective bargaining representative (in addition to the employer under existing law) of an employee who has suffered unlawful violence or a credible threat of violence from any individual, to seek a temporary restraining order (TRO) and an order after hearing on behalf of the employee or any number of other employees at the workplace. Specifies that the collective bargaining representative shall also be the collective bargaining representative of those other employees.
Workplace Violence Prevention Plan
- Requires every employer, as part of the IIPP required under existing law, to additionally establish, implement, and maintain, at all times in all of the employer’s facilities, a workplace violence prevention plan (plan) for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.
- Specifies that the workplace violence prevention plan may be incorporated into the IIPP or maintained as a separate document, and shall include, among other things, the following elements:
- Names or job titles of persons responsible for implementing and maintaining the plan.
- Effective procedures to obtain the active involvement of employees and their collective bargaining representatives, if any, in developing, implementing, and reviewing the plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
- Effective procedures for obtaining assistance from appropriate law enforcement agencies during all work shifts, as specified, and including a policy protecting employees who seek assistance and intervention from local emergency services or law enforcement when incidents occur.
- Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report.
- Employee communication procedures regarding violence, including methods of communication between shifts and departments, how to report violent incidents, threats or other violence without reprisal and how they will be investigated.
- Procedures to develop, with input from employees and collective bargaining representatives, and provide specified training.
- Assessment procedures to identify and evaluate environmental risk factors, including community-based risk factors, for each facility, department, or operation, as specified. Environmental risk factors shall include, but are not limited to:
- Employees working in isolated locations, as specified.
- Poor illumination or blocked visibility of areas.
- Lack of physical barriers between employees and risks of violence.
- Lack of effective escape routes.
- Obstacles and impediments to accessing alarm systems.
- Locations within the facility where alarm systems are not operational.
- Entryways where unauthorized entrance may occur, as specified.
- Storage of high-value items or currency.
- Procedures to correct workplace violence hazards in a timely manner and for hazards posing a realistic possibility of death or serious physical harm, within seven days of the discovery, as specified. Corrective measures include, among other things, ensuring sufficient staff is trained and available and installing the use of an alarm system by which employees can summon security, as well as establishing an effective response plan. Employees designated to respond to emergencies must not have other assignments that would prevent them from responding immediately to an alarm.
- Procedures for postincident response and investigation, including, among other things, making trauma counseling available and referring affected employees to worker wellness centers, as specified, and evaluating the effectiveness of the plan.
- Provisions prohibiting the employer from maintaining policies that require employees to confront active shooters or suspected shoplifters.
Definitions
- Defines “employer” as either of the following, but exempts existing healthcare employers that are already required to have a workplace violence plan:
- A person who employs one or more persons to perform services for a wage or salary.
- The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
- Defines various other terms, including “engineering controls,” “environmental risk factors,” “threat of violence,” “workplace practice controls,” and “workplace violence.”
- Defines “workplace violence” as any act of violence or threat of violence that occurs at the workplace, excluding acts of self-defense or defense of others, including:
- The threat or use of physical force against an employee that results in, or has potential to, result in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
- Conduct that seriously alarms, annoys, or harasses an employee, that serves no legitimate purpose, and that has a high likelihood of resulting in psychological trauma or stress, regardless of whether the employee sustains an injury, including, but not limited to, verbal harassment, as specified.
- An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury.
Violent Incident Logs
- Requires the employer to record information, confidentially as specified, in a violent incident log about every incident, postincident response, and workplace violence injury investigation performed in accordance with these provisions. The violent incident log shall be reviewed during the annual review of the workplace violence prevention plan. The information recorded in the violent incident log shall include, but is not limited to:
- A detailed description of the incident, including the type of attack, whether physical or verbal, and weapons used, as specified.
- A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
- Consequences of the incident, including, among other things, whether medical treatment was provided, whether law enforcement was contacted and actions taken to protect employees from a continuing threat.
Reviews and Updates to Plan
- Requires the employer to establish and implement a system to annually review, in conjunction with employees and their bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as specified. Problems found during the review shall be corrected, as specified. The review shall evaluate the following:
- Staffing and patterns that contribute to, or insufficiently address, violence risks.
- Sufficiency of security systems, including alarms, emergency response, and security personnel availability.
- Job design, equipment, and facilities.
- Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility, such as employee parking areas and other outdoor areas.
- Requires the plan to be updated based on this review and as specified. Updates shall include the following:
- New or modified tasks and procedures which may affect how the plan is implemented, as specified.
- Newly recognized workplace violence hazards.
- A review and evaluation of violence incidents resulting in serious injury or fatality.
- A review and response to information indicating that the plan is deficient in any area.
Training Requirements
- Requires the employer to develop, with input from employees and their bargaining representatives, if any, and provide effective training to employees, as specified, that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs. Training material must be appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used.
- Specifies that all employees of the employer shall have all trainings required in person, during work time, at the workplace, and in an atmosphere designed to provide an opportunity for interactive questions and answers with a knowledgeable person.
- Requires that all employees working in the facility, unit, service, or operation be provided all of the following trainings:
- Initial training when the plan is first established and when an employee is newly hired or newly assigned to duties for which the training was not previously provided. The training must address workplace violence hazards identified and the corrective measures the employer has implemented, as specified.
- Additional training when new equipment or work practices are introduced or when a new or previously unrecognized workplace violence hazard has been identified.
- Training, per (a) above, at least annually thereafter.
Maintaining Records
- Requires records of workplace violence hazard identification, evaluation, and correction to be created and maintained, as specified, for a minimum of one year and include training dates, contents or summary training sessions, names and qualifications of trainers, and names and job titles of all persons attending the trainings, as specified.
- Records of violent incidents, as specified, shall be maintained for a minimum of five years or pursuant to other law, whichever is greater.
- All records required shall be made available to employees and their collective bargaining representatives, if any, on request, for examination and copying.
Anti-Retaliation
- An employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
COMMENTS
1. Background: Workplace Violence Prevention in Health Care Standard
As a result of SB 1299 (Padilla) from, the Division of Occupational Safety and Health (Cal/OSHA) proposed and the Standards Board adopted a health care industry specific workplace violence prevention standard. Employers covered by this standard must establish, implement, and maintain an effective workplace violence prevention plan, maintain a violent incident log, and provide effective training to employees. Certain employers must also report violent incidents to Cal/OSHA.
The standard consists of eight subsections:
- Scope and Application
- Definitions
- Workplace Violence Prevention Plan
- Identifying risk factors for workplace violence
- Correcting workplace violence hazards
- Preparing for workplace violence emergencies
- Responding to workplace violence incidents
- Workplace violence prevention plans involving multiple employers
- Violent Incident Log Requirements
- Annual Review of the Workplace Violence Prevention Plan
- Training of Employees: Initial training, additional when new equipment or work practices are introduced, and annual refresher training.
- Reporting Requirements for General Acute Care Hospitals, Acute Psychiatric
Hospitals, and Special Hospitals - Recordkeeping: Employees and their representatives access to complete violent logs.
Implementation of most of these elements were captured as part of the IIPP requirements under existing law, with new incident logs and reporting requirements not previously required.
2. Workplace Violence Data and Workplace Violence Prevention in General Industry:
According to the Department of Industrial Relations, “Workplace violence includes threats or acts of physical violence at work and is a serious concern for employers and workers. The latest data shows in 2021, 57 working people died from acts of workplace violence in California. In the U.S., an average of 1.3 million nonfatal violent crimes in the workplace occurred annually from 2015 to 2019.”[1]
Cal/OSHA is currently developing a new regulation on Workplace Violence Prevention that will apply to most workplaces in California. What began as a July 2014 petition to the Occupational Safety and Health Standards Board for amendments to Title 8, with regards to workplace safety standards to reduce injuries in the educational setting by 2018 had turned into a proposal to address workplace violence in all industries. In May 2022, Cal/OSHA was seeking input on a second draft of the general industry workplace violence prevention standard. The regulation is currently being drafted based on input from two public meetings and two rounds of written comments. The newest draft will be discussed at another meeting in 2023 (not yet scheduled as of 4/9/23).
3. Steps to Develop and Adopt an Occupational Safety and Health Standard:
Existing law regulates and prescribes the process for adoption of a standard. Below is a timeline of the rulemaking steps for regular (not emergency) rulemaking for an occupational health standard to be proposed, adopted and approved:
- Cal/OSHA conducts preliminary work to prepare proposed text for a new or updated standard or, if appropriate, terminates the process without a proposal.
- Cal/OSHA and Director's Office staff (Department of Industrial Relations, or DIR) prepare and submit a pre-rulemaking package to Standards Board that includes the following: (1) proposed text; (2) initial statement of reasons, or ISOR; (3) economic and fiscal impact statement, or form 399; and (4) notice of proposed rulemaking.
- If the proposed standard is not a major regulation, Cal/OSHA and Director's Office prepare an economic impact assessment and include the assessment in the ISOR.
- If the proposed standard is a major regulation, Cal/OSHA and Director's Office prepare a standardized regulatory impact analysis (SRIA) and submit the SRIA to the Department of Finance (DOF) at least 60 or 90 days prior to Step 8. DOF comments on the SRIA within 30 days. Cal/OSHA and Director's Office staff include the SRIA and a summary and analysis of DOF's comments in the ISOR.
- Standards Board staff reviews and finalizes the package for conformance with Administrative Procedure Act requirements.
- Standards Board staff prepares a Secretary's Office Action Request (SAR) and routes the completed package to Director's Office staff.
- Director's Office sends the package to Labor and Workforce Development Agency (Labor Agency) staff, allowing 45 days for approval.
- Labor Agency approves and returns the package to Standards Board.
- The form 399, signed by the fiscal officer of DIR and the Secretary of the Labor Agency, is sent to DIR Budget Office staff, who sends the form to DOF.
- Standards Board submits the package to the Office of Administrative Law (OAL).
- OAL publishes the notice of proposed rulemaking in the California Regulatory Notice Register. Standards Board staff posts the notice and other documents and notifies interested parties.
- Standards Board staff holds a public hearing with advance public notice of at least 45 days. Cal/OSHA representative briefs the Standards Board on the proposal.
- Cal/OSHA staff responds to public comments. If necessary, Cal/OSHA staff modifies the proposed text accordingly, in collaboration with Standards Board staff.
- If Cal/OSHA staff makes substantial changes that are sufficiently related to the public comments, Standards Board staff makes the changes available for public comment for at least 15 days.
- Director's Office staff obtains DOF approval of the Fiscal Impact Statement on the form 399, allowing approximately three months for approval. If the fiscal cost estimates on the original form 399 change, Cal/OSHA staff prepares an updated form 399 for DOF review and approval. The form 399 must be approved by DOF before OAL will approve the rulemaking action (in Step 19).
- In collaboration with Cal/OSHA, Standards Board staff prepares and posts a notice of any additional documents relied on and notifies interested parties at least 15 days before the proposed standard is adopted.
- Cal/OSHA staff prepares a rulemaking package that includes the following: (1) final text; (2) final statement of reasons, or FSOR; (3) amended form 399 if necessary; and (4) updated informative digest.
- Standards Board reviews the package for consideration by the Standards Board.
- Standards Board adopts the standard at a monthly public meeting.
- Standards Board staff submits the package to OAL within one year after publication in the California Regulatory Notice Register.
- Within 30 working days, OAL reviews and approves the rulemaking action and transmits the standard to the Secretary of State for filing. If OAL disapproves the proposed standard, the Standards Board may:
- Rewrite and resubmit the standard within 120 days;
- Initiate review by the Governor's office.
- The standard goes into effect on one of the following dates, unless otherwise specified:
- January 1, if OAL approves the standard by November 30
- April 1, if OAL approves the standard by February 29
- July 1, if OAL approves the standard by May 31
- October 1, if OAL approves the standard by August 31
4. Need for this bill?
According to the author, “Workplace violence incidents are becoming more prevalent across all different types of workplaces in California. The Occupational Safety and Health Administration (OSHA) has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly two million workers are affected by workplace violence each year.[2] On average, 1.3 million nonfatal violent crimes occur in the workplace annually, with female workers having higher rates than male workers of nonfatal injuries due to workplace violence resulting in days away from work.[3] Over ten percent of the more than five thousand workplace fatalities that occurred in 2019 were caused by intentional violence.[4]
On January 12, 2017, in an effort to adopt workplace violence prevention protections for all non-healthcare workplaces, Cal/OSHA released a proposed draft of the General Industry Workplace Violence Standard. Six years, and numerous workplace deaths, injuries, and incidents later, California workers are still waiting for Cal/OSHA to pass a workplace violence standard to protect them. On May 17, 2022, Cal/OSHA circulated yet another General Industry Workplace Violence discussion draft, but one that is significantly weaker than the Healthcare Workplace Violence Standard. There is no reason or logic as to why non-healthcare workers should enjoy less protections, or no protections, from being violently assaulted on the job than healthcare workers. Unfortunately, there has not been any progress since then on this standard. Workers, who fear for their lives going to work every single day, do not have years to wait for Cal/OSHA to act and adopt a General Industry Workplace Violence Standard.”
5. Proponent Arguments:
The sponsors of the measure, the United Food and Commercial Workers Western States Council, argue that, “Assaults at stores have been increasing at a faster pace than the national average. From 2018 to 2020, assaults reported to the F.B.I. by law enforcement agencies overall rose 42%. There was a 63% increase in grocery stores and 75% in convenience stores. According to the Bureau of Labor Statistics, 20,870 workers in the private industry experienced trauma from nonfatal workplace violence in 2019 and of these victims nearly 70% were women. Last year, the F.B.I. said more than half of active shooter attacks occurred in places of commerce, including stores. Hate crimes in grocery stores quadrupled since 2010. There were 160 known hate crimes recorded at grocery stores in 2020 alone and 22 of these hate crimes involved murder, three times as many as 2010. From 2020 to 2021, Stop AAPI Hate cataloged more than 10,000 hate incidents and found that one in 10 hate incidents occurred in grocery stores. This is a worker health and safety emergency and needs to be addressed as such.”
According to proponents, “It is now sadly true that most of our members have been the victim of at least one incident of threatened or actual workplace violence and many intolerably experience workplace violence on a regular basis. Our members have been robbed at gunpoint; they’ve been attacked physically, some to the point of needing to be hospitalized; they’ve been spat upon by people infected with COVID-19; they are routinely threatened with violence; and at some stores, they deal with homeless individuals, some with severe mental health challenges daily. A few members have even been murdered while performing their jobs.”
Furthermore, regarding the pending standard at Cal/OSHA, they argue, “no progress on this standard has been made since its introduction, and many steps remain before it could take effect. Additional advisory committee meetings will likely take place prior to a final draft, and at some point, a Standardized Regulatory Impact Assessment (SRIA) will almost certainly have to be prepared. SRIAs typically take 1-2 years or more. And, once a final version is submitted to the Occupational Safety and Health Standards Board, about a year is necessary before final passage. The remaining steps are highly likely to consume several additional years or more. Workers, who fear for their lives going to work every single day, do not have years to wait for Cal/OSHA to act and adopt a General Industry Workplace Violence Standard.
SB 553 will urgently and swiftly move the needle forward by establishing a floor of protections for all non-health care workers experiencing workplace violence by requiring employers to implement certain extremely urgent safeguards. We cannot continue to let workers suffer serious harm and face death as a result of California’s relentless inaction on this issue; stronger protections are needed immediately.”
6. Opponent Arguments:
A coalition of employers, including the California Chamber of Commerce, are opposed writing, “After the completion of the Healthcare WV Standard, Cal/OSHA began work on a broad, multi-industry workplace violence regulation (“Draft Multi-Industry Standard”), and convened meetings with stakeholders to discuss the difficult task of how to apply similar obligations to employers across all industries and settings. This process was paused when Cal/OSHA urgently focused on an emergency wildfire smoke regulation in 2018/2019, and again while Cal/OSHA was drafting/revising the state’s COVID-19 regulation from 2020-2022. With these interruptions out of the way, Cal/OSHA has re-commenced its process on its Draft Multi-Industry Standard and will be meeting with stakeholders in the summer of 2023 with a new draft version of its text.”
They argue that, “SB 553 purports to be an attempt to accelerate the multi-industry regulatory process – but it does not build on the language from the most recent Cal/OSHA draft of the Draft Multi-Industry Standard. Instead, SB 553 copies the provisions of the Healthcare WV Standard, which was designed for a relatively small group of well-resourced, technologically advanced employers.” They argue that this “choice is bizarre, as the entire reason for Cal/OSHA’s regulatory process was a recognition that hospitals are not the same as the majority of businesses in California.” In short, they argue, “hospitals simply are not the average employer in California – which is why Cal/OSHA has been working through a regulatory process to modify the standard to make sense for all workplaces in the state – rather than impose a one-size-fits all standard as SB 553 does.”
Additionally, they argue, “SB 553 even goes beyond the Healthcare WV Standard in what it considers “workplace violence” and reaches into the domain of labor law and the Civil Rights Department (CRD)...These regulations define workplace violence as actual violence, a threat of violence, or an incident involving a dangerous weapon. SB 553 does not follow that definition. Instead, SB 553 adds a new category:
"Conduct that alarms, annoys, or harasses an employee … and has a high likelihood of resulting in psychological trauma or stress … including verbal harassment based … on [a protected characteristic].”[5]
It appears this definition was taken from labor law regarding “harassment” - which is handled by another agency (the Civil Rights Department, formerly the Department of Fair Employment and Housing).” They argue, “Functionally, treating “harassment” as “violence” will require employers across the state to write an exhaustive summary of every time a racial or sexist comment is made in the workplace ... regardless of whether there is violence of even a threat of violence. For example – imagine how many times such reports would need to be written in bars across California based on conduct that “annoys” an employee and causes “stress”. And now imagine writing a report for each such comment. These reports will not make any workplace safer, and are properly the domain of CRD to handle – not Cal/OSHA.”
They conclude by stating that, “SB 553 will not actually prevent any workplace violence, so there is no urgency to supersede Cal/OSHA’s ongoing work. Substantively, SB 533 does not change the realities around workplace violence – namely, that it is a criminal matter that employers are not well-equipped to prevent.”
7. Author Amendments:
The author would like to amend the bill at today’s hearing as follows:
Amendment 1 & 2
527.8 (a) Any employer or collective bargaining representative of an employee who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. A collective bargaining representative seeking a temporary restraining order and an order after hearing on behalf of employees at other workplaces of the employer shall also be the collective bargaining representative of those other employees. For purposes of this section only, a person shall be considered a collective bargaining representative for all employees named in the petition for a temporary restraining order and an order after hearing, regardless of whether those employees are represented by the collective bargaining representative for purposes of collective bargaining with respect to conditions of employment under the employer, if the person serves as a collective bargaining representative for at least one employee who works for the employer.
527.8 (c) This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
Amendment 3
6401.9 (5) “Employer’s facilities” shall not include facilities operated by the Department of Corrections and Rehabilitation.
Amendment 4
6401.9 (v) How to prepare for and respond to an active shooter scenario at the workplace.
Any training that involves content described in this clause and that is provided at any educational workplaces shall not be provided at any time when, or location where, students are present. For purposes of this clause, “educational workplace” means any workplace where students are educated in any subject matter.
8. Double Referral:
Amendments taken after the bill was referred to this Committee have triggered a re-referral to Senate Judiciary. Should the bill be passed today, it will be sent to Senate Rules Committee for a re-referral to Senate Judiciary Committee.
9. Prior Legislation:
SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Occupational Safety and Health Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.
SUPPORT
United Food and Commercial Workers (Sponsor)
American Federation of State County and Municipal Employees (AFSCME)
California Alliance for Retired Americans
California Food and Farming Network
California Institute for Rural Studies
California Labor Federation, AFL-CIO
California Nurses Association
California Rural Legal Assistance Foundation (CRLA Foundation)
California School Employees Association
California State Council of Service Employees International Union (SEIU California)
California State Legislative Board, Sheet Metal, Air, Rail and Transportation Workers –
Transportation Division (SMART-TD)
California Teachers Association
Central California Environmental Justice Network
Garment Worker Center
ILWU Local 26
Legal Aid At Work
National Union of Healthcare Workers (NUHW)
Nurse Alliance of SEIU California
Pesticide Action Network
Restaurant Opportunity Center United
Roots of Change
San Mateo Labor Council, AFL-CIO
Santa Clara Wage Theft Coalition
United Food and Commercial Workers, Western States Council
Warehouse Worker Resource Center
Worksafe
OPPOSITION
Acclamation Insurance Management Services
Allied Managed Care
American Pistachio Growers
Associated Roofing Contractors
California Association of Sheet Metal & Air Conditioning Contractors National Association
California Chamber of Commerce
California Cotton Ginners and Growers Association
California Craft Brewers Association
California Farm Bureau
California Framing Contractors Association
California Fresh Fruit Association
California Grocers Association
California League of Food Producers
California Restaurant Association
California Retailers Association
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Far West Equipment Dealers Association
Flasher Barricade Association
Housing Contractors of California
National Federation of Independent Business
Nisei Farmers League
Official Police Garages of Los Angeles
Plant California Alliance
Residential Contractors Association
Western Agricultural Processors Association
Western Electrical Contractors Association
Western Steel Council
-- END --
Discussed in Hearing
4MIN
Senate Floor
1MIN
Assembly Floor
38SEC
Assembly Floor
25MIN
Assembly Standing Committee on Judiciary
25MIN
Assembly Standing Committee on Labor and Employment
12MIN
Senate Floor
14MIN
Senate Standing Committee on Judiciary
28MIN
Senate Standing Committee on Labor, Public Employment and Retirement
Bill Author
Bill Co-Author(s):
