An employee tells a supervisor that a former partner has threatened to come to work. The supervisor knows how to report a customer assault or a fight between coworkers. This situation needs a reporting and response procedure too.
California Labor Code 6401.9 defines Type 4 workplace violence as violence committed in the workplace by someone who does not work there but has, or is known to have had, a personal relationship with an employee. For employers covered by the law, personal-relationship threats belong in the workplace violence prevention process. Calling the situation a private matter does not answer the security questions.
Start with the workplace concern, not a personal investigation
A supervisor receiving a report needs a clear next step. Who receives it? Who assesses the immediate danger? Who can change access arrangements? Who keeps the employee informed?
The law requires procedures for reporting workplace violence concerns without fear of reprisal, investigating concerns, and informing employees about investigation results and corrective actions. A useful procedure gives a supervisor a named contact and an alternate, rather than asking them to decide alone whether a threat is serious enough to pass on.
As an operational practice, ask for the information needed to protect people at work. Do not turn the conversation into a demand for the employee's full relationship history. Do not promise absolute confidentiality that an emergency response may make impossible. Explain who needs information and why. In immediate danger, call 911.
Check what reception and access control actually allow
Consider a hypothetical office where an employee reports that a former partner may arrive demanding to see them. The visitor procedure says reception should call the employee when a visitor asks for them. Following that routine without an agreed response could put the employee in an unwanted encounter.
Review the actual decisions reception would face:
- Can someone obtain an employee's schedule, location, or contact details by asking?
- Who decides whether a visitor is admitted, and who handles a refusal?
- What happens if the person enters through a delivery door rather than reception?
- How does the evening team receive relevant instructions?
These are planning questions, not instructions for receptionists to confront someone. Staff need a way to get help without approaching the person or leaving a safe position. Give each role the information it needs for its task, rather than circulating sensitive personal details to the whole workplace.
Make the emergency procedure usable at the affected location
The statute requires emergency procedures that include alerting employees to the presence, location, and nature of an emergency, appropriate and feasible evacuation or sheltering plans, and ways to obtain help from security personnel and law enforcement.
Test those procedures against the location where the employee works. If a threat is at the front entrance, does the evacuation route send people toward it? Can someone in a stockroom hear an alert? Does the person covering reception know whom to contact when the usual supervisor is absent?
Use a discussion exercise to identify unanswered questions. Do not stage an unannounced confrontation or surprise the affected employee to test the response.
Separate useful response information from the incident log
When an event meets the statute's definition of workplace violence, the violent incident log requirement applies. The log must omit personal identifying information sufficient to identify anyone involved. That includes combinations of details that identify someone even if their name is removed.
Do not use the log as a staff-wide watchlist or a place to paste private messages with names and contact information intact. Have HR, security, and counsel determine how necessary response information and investigation records will be handled separately, with appropriate access. Removing identifiers from the log does not mean frontline staff should receive no instructions.
Assign the follow-up
Before the initial response ends, assign an owner to confirm that agreed changes happened: reception was briefed, access instructions reached the next shift, and the employee knows how to report a change in the situation. Review the plan when a deficiency becomes apparent and after a workplace violence incident, as the statute requires.
Court orders are a separate legal question for counsel. Our workplace violence restraining order overview explains that option; it does not replace a site response procedure.
Braav's SB 553 compliance services include plan development, training, and physical security reviews. Book a consultation to review your reporting, access, and response procedures.
Source: California Labor Code 6401.9, including subdivisions (a), (c), and (d). Operational suggestions are not a substitute for legal advice or an emergency response.