Senate Bill 553-Now Allows Restraining Orders

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 [ Approved  by  Governor    September 30, 2023.   Filed with  Secretary of State                September 30, 2023 

 
SB 553, Cortese.                           Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.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 employee’s 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.

     Vote:       MAJORITY       Appropriation:       NO       Fiscal Committee:       YES       Local Program:       YES 

 Section 527.8 of the Code of Civil Procedure is amended to read:

 (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 employer’s 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 employee’s 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 court’s 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 employer’s 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 party’s 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 court’s 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 respondent’s  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  officer’s 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  respondent’s 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.

 Section 527.8 is added to the Code of Civil Procedure, to read:

 (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 employee’s 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  employer’s 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 employee’s 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 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. (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 court’s 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 employer’s 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 party’s 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  court’s 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  respondent’s 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 officer’s 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 respondent’s 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.

 Section 6401.7 of the Labor Code is amended to read:

 (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  employer’s system for identifying and evaluating workplace hazards,  including scheduled periodic inspections to identify unsafe conditions  and work practices.(3) The employer’s 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 employee’s  job assignment.(5) The  employer’s 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  employer’s 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 employer’s  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  employee’s 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 employee’s job duties.(e) (1) The  standards board shall adopt a standard setting forth the employer’s  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 employer’s  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 employer’s 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  employer’s 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 employer’s 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 employer’s 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 employer’s injury  prevention program, as required by this section, shall cover all of the  employer’s 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  agency’s 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  employer’s 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 60–67), 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 insured’s 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.

 Section 6401.9 is added to the Labor Code, to read:

 (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 employee’s 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 employer’s  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 employer’s 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 person’s 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 person’s 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  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.(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 employer’s 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.

 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.

 No  reimbursement is required by this act pursuant to Section 6 of Article  XIII B 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 XIII B  of the California Constitution.