Clarifying the Most Confusing Exception
California's Workplace Violence Prevention in General Industry applies to ALL employers, employees, and employer-provided housing or does it?
The law went into effect on July 1, 2024, and employers are supposed to comply with the law's requirements since that time, but is still undergoing the revisions process.
Some employers, places of employment, and employees are exempt from the law. Those that must already comply with CA's separate workplace violence prevention law for healthcare facilities (section 3342), Department of Corrections and Rehabilitation facilities, law enforcement departments, and employees who telework from a place of their own choosing, which is not under the control of their employer.
Straight forward enough.
But, then things get tricky.
Exception 6. Nothing has caused more confusion, because of how it's worded. It's worded as a negative, instead of as an affirmative.
So let's clear this up.
"Places of employment that are not accessible to the public if the employer meets" the following conditions:" STOP. DO NOT PASS GO.
What that actually says in plain language is if your place of employment is accessible to the public, you must comply with the law. FULL STOP.
No need to read any further. Forget any of the remaining conditions for exemption. Comply you must. Those other conditions like 10 employees and complying with section 3203 ONLY apply if your organization is NOT accessible to the public.
So what does accessible to the public mean? In terms of being physically accessible to the public, ADA.gov provides the clearest roadmap:
"Almost all types of businesses that serve the public, regardless of their size or the age of their buildings, must follow the ADA." (emphasis added).
Serve the public. That's the key. And here according to the ADA are examples:
Businesses, including nonprofits, that serve the public (also called public accommodations) include, for example:
- Restaurants
- Hotels/motels
- Shops
- Movie theaters
- Private schools (including housing)
- Doctors’ offices and private hospitals
- Day care centers
- Gyms
- Organizations offering courses or examinations related to:
Applications, licensing, certification or credentialing for professional or trade purposes - Privately operated transit
- Examples of privately-operated transit include:
- Intercity and charter buses
- Hotel shuttles
- Airport shuttles
- Commercial facilities (need only comply with requirements of the ADA Standards for Accessible Design. Examples of commercial facilities include:
- Office buildings
- Warehouses
- Factories
Hopefully this clarifies things for you.
California requires more than a written policy, it requires an effective workplace violence prevention program that's fully implemented.
If you're unsure that your program is compliant and effective at keeping your employees safe why not schedule your free 15-Minute Workplace Violence Compliance & Safety Audit. We'll look at your written plan, assessment processes, staff training, how you respond to and document incidents, and where you may be exposed to regulatory and liability risk. You'll leave with a clear sense of your biggest gaps and 1-2 practical steps you can take right away to improve compliance, safety, and liability protection.
