Workplace safety concerns do not always begin with an overt act of violence. Sometimes the warning signs come earlier: a terminated employee repeatedly returning to the workplace, an angry customer refusing to leave, or an individual engaging in conduct that causes employees to reasonably fear for their safety.
A new Kentucky law gives employers an additional tool to address those situations before they escalate.
Effective July 15, 2026, House Bill 521 amended Kentucky’s criminal trespass laws to specifically address threatening behavior in the workplace. The law expands second-degree criminal trespass to include knowingly entering or remaining in a workplace while engaging in threatening behavior after notice against trespass has been given.
What Does the New Law Do?
Under the amended statute, an employer may provide a verbal or written no-trespass notice to an individual. That notice may also be given by an employee authorized by the employer or another authorized agent.
If the individual then knowingly enters or remains in the workplace while engaging in threatening behavior, the conduct may constitute criminal trespass in the second degree. Kentucky law defines “threatening behavior” as intentional conduct that places another person in reasonable apprehension of imminent physical injury.
This is significant because workplace incidents do not always fit neatly into more serious criminal offenses. An individual may behave in an intimidating or threatening manner without physically assaulting anyone or making an explicit threat of violence. The amended law gives employers and law enforcement another avenue for responding when a person who has been told to stay away returns and creates a legitimate safety concern.
Second-degree criminal trespass is generally a Class B misdemeanor. A second or subsequent offense within three years can be elevated to a Class A misdemeanor.
What Should Kentucky Employers Do Now?
The law is a good reason for employers to review their workplace safety procedures rather than waiting until a threatening situation develops.
Employers should consider establishing a clear process for issuing and documenting no-trespass notices, including identifying who within the organization has authority to issue them. HR professionals, managers and security personnel should also understand how threatening conduct should be reported, documented and escalated.
Employers may also want to review existing workplace violence and emergency-response policies to make sure employees know what to do when a former employee, customer, vendor or other individual creates a potential safety concern.
Documentation will be particularly important. When circumstances warrant a no-trespass notice, employers should maintain a record of when the notice was issued, how it was communicated, who delivered it and the conduct that prompted the action.
A Proactive Approach to Workplace Safety
HB 521 does not eliminate the difficult judgment calls employers face when dealing with potentially threatening conduct, and it is not a substitute for contacting law enforcement when there is an immediate safety concern. It does, however, provide Kentucky employers with another legal tool for intervening before troubling behavior turns into something more serious.
Employers should use the new law as an opportunity to review their workplace violence policies, no-trespass procedures and manager training so they are prepared to respond quickly and consistently when concerns arise.
About the Author
Nick Birkenhauer is a management-side employment lawyer who helps businesses navigate the day-to-day realities of Human Resources and Employment Law. He works with employers of all sizes across a wide range of industries, including healthcare and manufacturing, and partners closely with management and HR professionals to help clients achieve their organizational HR objectives.
If you have questions about HB 521, workplace safety policies or responding to threatening conduct involving an employee or other individual, contact Nick Birkenhauer or a member of DBL Law’s Employment & Labor Practice Group.
