Cal/OSHA

Workplace Violence Prevention - Cal/OSHA

This talk follows California Title 8 rules · See the federal OSHA version

Updated 2026-09-29

In this bundle Mental Health & Human Factors

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Most crews picture workplace violence as the rare, terrible event — the armed stranger, the fight that ends with someone in the hospital. California's law starts much earlier than that. Since July 1, 2024, Labor Code Section 6401.9, passed as SB 553, has required most California employers — construction included — to have a written Workplace Violence Prevention Plan, keep a log of every violent incident, and train every employee on it every year. This Cal/OSHA Workplace Violence Prevention Toolbox Talk covers what that law requires and what it asks of the crew.

Where the boundary of this talk sits#

This talk covers California's legal requirements: the plan, the log, the training, and the records. Warning signs belong to the general workplace violence prevention talk, what to do during an attack to the active assailant talk, and harassment to its own talk.

The anchor#

Here is the distinction that carries this whole talk: under California's law a threat is already an incident — "workplace violence" includes the threat of violence, a threat includes texts, social media posts, and conduct that puts someone in fear of physical harm, and every incident goes in the violent incident log — so "he was just blowing off steam" does not make a threat go away; it only keeps it out of the one record built to show the pattern before it turns physical.

What counts as workplace violence#

Section 6401.9 defines workplace violence as any act of violence or threat of violence that occurs in a place of employment. It includes 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, and any incident involving a threat or use of a firearm or other dangerous weapon — including common objects used as weapons. It does not include lawful acts of self-defense or defense of others.

A threat of violence is any verbal or written statement — including texts, electronic messages, social media messages, or online posts — or any behavioral or physical conduct that conveys, or 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. On a job site, a swung hammer, a shove, a threat shouted across a deck, or a threatening text sent after a firing all fall inside that definition.

The law sorts incidents into four types by who the aggressor is: someone with no legitimate business at the site; a customer, client, or visitor; a current or former employee, supervisor, or manager; and someone with a personal relationship with an employee. The type goes in the log.

Who is covered — and the small-site exemption#

The law covers employers, employees, places of employment, and employer-provided housing in California, with listed exemptions. The one construction supervisors need to know: places of employment with fewer than 10 employees working there at any given time and that are not accessible to the public are exempt, if they comply with the Injury and Illness Prevention Program requirements of Title 8, Section 3203. A closed job site with a crew of eight may qualify; a site with 25 workers from several trades, or one open to deliveries and the public, will not. Employees teleworking from a location of their choice that the employer does not control are also exempt.

The written plan#

The Workplace Violence Prevention Plan must be in writing, easily accessible to employees, and in effect at all times and in all work areas. Among other things, it must include:

  • The names or job titles of the people responsible for it.
  • Procedures for the active involvement of employees and their representatives in developing and running it.
  • Methods the employer will use to make sure employees comply with the plan.
  • Methods to coordinate with other employers at a multiemployer site — the everyday condition of construction.
  • Effective procedures to accept and respond to reports of workplace violence, and to prohibit retaliation against anyone who reports.
  • Procedures to communicate with employees about how to report a violent incident, threat, or concern without fear of reprisal.
  • Effective procedures to respond to actual or potential workplace violence emergencies.
  • Procedures to develop and provide the required training.
  • Procedures to identify and evaluate workplace violence hazards, including scheduled periodic inspections, and to correct them in a timely manner.
  • Procedures for post-incident response and investigation.
  • Procedures to review the plan's effectiveness, with employee involvement, at least annually, when a deficiency becomes apparent, and after a workplace violence incident.

The violent incident log#

The employer must record every workplace violence incident in a violent incident log. The log records the date, time, and location; the type of violence; a detailed description; who the perpetrator was in relation to the workplace; the circumstances, such as staffing, lighting, or working alone; the type of incident — physical attack, attack with a weapon or object, threat, sexual assault, animal attack, or other; the consequences, such as whether security or law enforcement was contacted and what protective actions were taken; and the name, job title, and date of the person who completed the entry. Personal identifying information about the people involved is left out.

This is why the anchor matters. The log is the only place a pattern shows up — the same subcontractor's foreman threatening people on three sites, the same gate where a stranger keeps getting in. An unreported threat leaves a hole in exactly the record the law created to catch it.

Training every year#

Employees get training when the plan is first established and at least annually after that, plus additional training when a new or previously unrecognized hazard is found or the plan changes. The training covers the employer's plan and how to get a free copy; the definitions and requirements of the law; how to report incidents and concerns without fear of reprisal; the workplace violence hazards specific to the employees' jobs, the corrective measures, and strategies to avoid physical harm; how to get copies of the violent incident log and other records; and an opportunity for interactive questions and answers with a person who knows the employer's plan.

Records#

Records of hazard identification, evaluation, and correction are kept for at least five years. Training records — dates, a content summary, the trainer's name and qualifications, and the names and job titles of attendees — are kept for at least one year. Violent incident logs and incident investigation records are kept for at least five years. Employees and their representatives can obtain these records within 15 calendar days of a request.

A standard is coming#

The law directs Cal/OSHA's Standards Board to adopt a permanent workplace violence prevention standard by December 31, 2026. At the time of writing, Cal/OSHA's proposed general industry rule, Title 8 Section 3343, is still in discussion-draft form — the latest draft is dated September 2026, with an advisory meeting set for October 27, 2026. Until a permanent standard takes effect, Section 6401.9 is the rule — and this talk will be updated when that changes.

Where the duty sits#

California Labor Code 6401.9 carries the whole duty: the definitions, the written plan, the violent incident log, training, and records. 8 CCR 3203 is the IIPP the plan may be built into, and the condition for the small-site exemption.

What can go wrong?#

  • A worker threatens a foreman after a disagreement, and it's dropped because "he was just blowing off steam."
  • A threatening text sent to a coworker after a firing is never reported.
  • The plan names a safety manager who left the company.
  • The general contractor and three subcontractors each have a plan, and nobody coordinates them.
  • Annual training is a video with no one available to answer questions.

How do we manage this properly?#

  • Report threats as incidents — words, texts, gestures, and posts, not just physical attacks.
  • Log every incident — type, description, consequences, and who completed the entry.
  • Know the reporting path — who takes the report, and that retaliation is prohibited.
  • Coordinate on multiemployer sites — whose plan covers what, and who to call.
  • Train every year — with a real person to answer questions.
  • Check the exemption honestly — fewer than 10 on site at all times and no public access, or the full law applies.

Before you start#

Confirm who on this site takes workplace violence reports and how. Ask whether anyone has been threatened, in person or by message, and not said so. Check where the plan is and how to get a copy.

Talk it over#

  • If someone threatened you on this job, who would you tell?
  • Have you ever let a threat go because you didn't think it counted?
  • Who on this site do you call if a stranger won't leave?

The bottom line#

In California, a threat is a workplace violence incident. Every incident — including words, texts, and gestures — goes in the violent incident log, reported without fear of retaliation. The written plan names who is responsible, how incidents are reported and handled, and how employers on a shared site coordinate. Training happens every year, with someone who can answer questions.

Frequently asked questions about Cal/OSHA workplace violence prevention#

Does SB 553 apply to construction?

Yes, unless a specific exemption applies. The law covers California employers and places of employment generally. The exemption most relevant to construction is for places with fewer than 10 employees working there at any given time that are not accessible to the public, if the employer complies with Section 3203.

Download the Cal/OSHA workplace violence prevention toolbox talk PDF#

Download this Cal/OSHA Workplace Violence Prevention Toolbox Talk as a printable PDF in English and Spanish, and use it as part of the annual training the law requires.

Related toolbox talks#

Sources#

Written by FieldSafetyTalk's safety professional — a CSP, ASP, CHST and OSHA Authorized Outreach Trainer with 14+ years of international construction safety experience across federal, heavy civil, and industrial projects.

Hazards covered

workplace violence
By Mustafa Tok, CSP, ASP, CHST