Liability & LegalQuestion 111 of 200

California's Workplace Violence Prevention in General Industry law (Labor Code §6401.9, added by SB 553, effective July 1, 2024) requires covered employers to:

a.Provide free firearms to all guards assigned to a post where a violent incident has previously been logged, and pay for their range qualification each year
b.Hire only peace officers, active or retired, as security personnel at any worksite the employer has identified as carrying a heightened risk of workplace violence
c.Establish, implement, and maintain a written Workplace Violence Prevention Plan, maintain a violent-incident log, provide training, and conduct hazard assessments — covering most California employers, with limited exceptions
d.Eliminate all workplace risks completely before any employee may be assigned to the site, with the employer bearing strict liability for any violent incident that nonetheless occurs on the premises afterwards, whoever caused it

Explanation

Labor Code §6401.9 (added by SB 553) became operative July 1, 2024 and requires nearly all California employers to establish a written Workplace Violence Prevention Plan covering: identification of responsible persons, training, hazard identification and correction, incident investigation, post-incident response, and an incident log retained for five years. Healthcare facilities already covered by 8 CCR §3342 are exempt from §6401.9 but covered separately. The law affects PPOs as employers of guards (must protect guards) and as service providers (often help client employers build their plans). Firearms (a), peace-officer hiring (b), and risk elimination (d) are not required.

Law Reference: Cal. Labor Code §6401.9 (SB 553); 8 CCR §3343

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