Employer Requirements under California Labor Code Section 6401.9

CK CK 3378 
Created at  
3,184 0 0

California Labor Code Section 6401.9 requires employers to provide employees with information about the availability of and access to emergency contraception, including oral contraceptives and the Plan B emergency contraceptive pill, at no cost to the employee. This information must be provided through the employer's employee handbook or through another method deemed reasonable by the Division of Occupational Safety and Health (Cal/OSHA). Employers are not required to provide the medication itself.

Employer Requirements under California Labor Code Section 6401.9

“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.

“Work Practice Controls” means procedures and rules which are used to effectively reduce workplace violence hazards.

 

Workplace Violence Prevention Plan

In California, all employers must create, implement and keep updated a written workplace violence prevention plan. The plan must be in effect and easily accessible to employees and authorized employee representatives at all times. It must be specific to the hazards and corrective measures for the workplace and for each work area and operation.

The plan must include:

  • Names or job titles of the persons responsible for implementing the plan.
  • Procedures to involve employees in developing and implementing the plan, such as participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
  • Methods the employer will use to coordinate implementation of the plan with other employers. These methods should ensure that all employees receive the required training and that workplace violence incidents involving any employee are reported, investigated, and recorded.
  • 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 plan.
  • Procedures to communicate with employees regarding workplace violence matters, including:
    • How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal.
    • How employee concerns will be investigated, how employees will be informed of the results of the investigation, and any corrective actions to be taken.
  • Procedures to respond to actual or potential workplace violence emergencies, including:
    • Effective means to alert employees of the presence, location, and nature of workplace violence emergencies.
    • Evacuation or sheltering plans that are appropriate and feasible for the worksite.
  • How to obtain help from staff assigned to respond to workplace violence emergencies, security personnel, and law enforcement.
  • Procedures to develop and provide required training.
  • Procedures to identify and evaluate workplace violence hazards, including scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections must 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.
  • Procedures to correct workplace violence hazards.
  • Procedures for post-incident response and investigation.
  • 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. All employers must review their plan at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
     

Violent Incident Log

In California, employers must keep a log of every workplace violence incident. Employers should base the information included in the log on information from employes who experienced the workplace violence, witness statements, and investigation findings. No personal identifying information should be included in the log.

The log should include:

  • The date, time, and location of the incident.
  • The workplace violence type or types involved in the incident.
  • A detailed description of the incident.
  • A classification of who committed the violence (e.g., 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)
  • A classification of circumstances at the time of the incident (e.g. 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.)
  • Where the incident occurred.
  • The type of incident, including whether it involved:
    • Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
    • Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
    • Threat of physical force or threat of the use of a weapon or other object.
    • Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
    • Animal attack.
  • Consequences of the incident, such as:
    • Whether security or law enforcement was contacted and their response.
    • Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
  • Information about the person completing the log, including their name, job title, and the date completed.
     

Recordkeeping Requirements

  • Employers must maintain records of workplace violence hazard identification, evaluation, and correction for a minimum of five years.
  • Employers must maintain training records for a minimum of one year. The records must 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.
  • Employers must maintain violent incident logs for a minimum of five years.
  • Employers must maintain records of workplace violence incident investigations for a minimum of five years. These records should not contain medical information.
  • Records of workplace violence hazard identification, evaluation, and correction, training records, and violent incident logs must be made available to employees without cost within 15 calendar days of the employee’s request.
     

Training Requirements

Employers in California must provide employees with workplace violence prevention training the workplace violence prevention plan is first established and annually thereafter.

The training must include:

  • The employer’s plan, how to obtain a copy of the employer’s plan at no cost, and how to participate in development and implementation of the employer’s plan.
  • The definitions and requirements in California Labor Code Section 6401.9.
  • How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
  • 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.
  • The violent incident log and how to obtain copies of records.
  • An opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan.
  • Additional training must be provided when a new workplace violence hazard is 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.
Tags California Labor Code California Labor Code Section 6401.9 California Labor Law Labor Law US Labor Law Workforce Violence Workforce Violence Hazards Facebook X
Comments 0
  1. Good Company to Work For, but Pretty Pathetic once you Look Inside
    937
  2. Pre-Departure Google Workspace Personal Data Cleanup
    2,309
  3. Meta Interview - Designing a Video Streaming Service
    1,910
  4. Beginner System Design Interview: Design Bitly w/ a Ex-Meta Staff Engineer
    1,700
  5. Engineering Job Level Comparison: Microsoft vs Meta vs Google vs Amazon
    17,402
  6. If your offer’s base salary and bonus are lower than what you’re currently earning
    2,413
  7. Guide for Meta Recruiter Phone Screen Interview
    3,766
  8. Things what you need to think when you will be in the layoff meeting
    2,584
  9. What is Sexual Harassment? It's Never Okay!
    4,258
  10. Nine roles for great leadership
    1,665
  11. 12 Proven Strategies to Work Smarter, Not Harder
    2,167
  12. Evaluating Intangible Traits in Employee Performance Reviews
    1,850
  13. The Example Turning a Negative into a Positive - How to Make Criticism Count?
    2,046
  14. Navigating Employee Performance Evaluations with a Positive Approach
    1,838
  15. Evaluate and Encourage Full Participation and Success To Optimize The Performance Review Process
    1,621
  16. Link Performance Management With Rewards and Recognition To Optimize The Performance Review Process
    1,573
  17. The Review To Optimize The Performance Review Process
    1,781
  18. Adequately Prepare and Train Your Managers To Optimize The Performance Review Process
    1,762
  19. Document is the killer application To Optimize The Performance Review Process
    1,603
  20. Gather Information From a Number of Sources To Optimize The Performance Review Process
    2,652
  21. Improve Productivity Through Better Goal Management To Optimize The Performance Review Process
    1,604
  22. Ensure an Ongoing Process To Optimize The Performance Review Process
    1,534
  23. Begin with Performance Planning To Optimize The Performance Review Process
    1,592
Recently updated
  1. Meta Unveils Muse Charm: The Keychain AI Assistant That Could Replace Your Smartwatch
    70
  2. Why iCloud Passwords is useful?
    94
  3. Good Company to Work For, but Pretty Pathetic once you Look Inside
    937
  4. Discovering OpenBugBounty: A Free Tool for Website Security Insights
    1,215
  5. Pre-Departure Google Workspace Personal Data Cleanup
    2,309
  6. The Harmful Effects of Squeezing Blemishes: Why You Should Avoid It
    1,770
  7. Finding Your Path to Clear Skin: The Best Way to Treat Acne
    2,016
  8. Choosing the Right Cosmetics and Cleansers for Acne-Prone Skin
    2,143
  9. Why Does Vietnamese Cable TV Have Almost No Ads? A Look at the Rules
    2,165
  10. In 2026, Advertising Is Converging on the TV Screen - 5 Opportunities OTT Operators Should Be Watching
    2,976
  11. Musk's Masterclass: Prioritizing, Delegating & Verifying
    656
  12. Life is Short: HubSpot Founder's Cliff-Edge Wisdom for Leaders
    2,874
  13. The Making of OpenAI: Birth, Battles, and Breakthroughs
    781
  14. Brazil's Digital & Demographic Deep Dive: Economy & Top Streaming Services
    1,091
  15. World Population Top 30 (2016-2025)
    895
  16. SouthEast Asia Advertising Market - Comprehensive Analysis by Country, Company, Platform & Revenue
    1,359
  17. Comprehensive Report on Portugal: Demographics, Digital Usage, and Top Streaming Companies
    767
  18. Mongolia Unpacked: Demographics, Digital Economy, and Leading Streaming Services
    1,281
  19. Italy: A Comprehensive Guide to Demographics, Digital Trends, and Its Top 10 Video Streaming Companies
    766
  20. Spain: Demographics, Digital Usage, Economic Insights & Top 10 Streaming Services
    1,163
  21. France's Digital Economy: Demographics, Trends, and Streaming Leaders
    688
  22. Germany's Digital Deep Dive: Demographics, Internet Usage, Market Trends, and Top 10 Video Streaming Powerhouses
    729
  23. United Kingdom: Demographics, Digital Life, and Streaming's Top 10 Players
    670
  24. Russia's Digital Blueprint: Economy, Demographics, and Streaming Landscape
    829
  25. Singapore's Top 10 Video Streaming Companies
    742
  26. Canada's Digital Pulse: Demographics, Connectivity & Top 10 Streaming Services Unveiled
    692
  27. Korea's Streaming Story: Top 10 Platforms in a Digital Nation
    1,554
  28. Malaysia's Top 10 Video Streaming Companies 2026
    1,164
  29. Indonesia's Top 10 Video Streaming Companies
    1,124
  30. Japan's Top 10 Video Streaming Companies
    747
  31. United States's Top 10 Video Streaming Companies
    598
  32. The Evolving Role of Engineering Organizations in the AI Era
    2,556
  33. exif_filename - a Powerful Command-Line Tool Designed for Automatically Renaming Image Files based on EXIF metadata
    639
  34. The Correlation between Income Level and Television Viewing Time
    1,807
  35. Problem-Solving Narratives in Startup Programs
    661
  36. Vietnamese Top 10 Video Streaming Companies 2026
    1,595
  37. Thailand's Top 10 Video Streaming Companies 2026
    1,513
  38. Phillippine's Top 10 Video Streaming Companies 2026
    1,210
  39. Business Structure Comparison: Sole Proprietorship vs S-Corporation
    7101
  40. Affordable Payroll Solutions for Family-Based Businesses in the US
    703
  41. Vietnam Television (aka VTV)
    888
  42. Do we know what causes endometrial cancer?
    1,649
  43. What should you ask your physician about endometrial cancer?
    2,050
  44. How is cancer of the cervix treated?
    2,093
  45. Navigating Startup Funding Rounds: Expectations and Investment Sizes
    2,153
  46. What is hot water steam cleaning and aren't all steam cleaners the same?
    1,907
  47. To Pad or Not to Pad: The Lowdown on Carpet Padding
    1,996
  48. Decoding the Pelvic Exam: A Comprehensive Women's Health Assessment
    1,675