In July 2024, California implemented a workplace violence prevention rule that applies to most workplaces. This new law imposes a myriad of requirements on employers. As discussed in a previous blog post, these requirements include establishing, implementing, and maintaining an “effective” workplace violence prevention plan (“WVPP”) that specifies effective procedures for identifying and evaluating workplace violence hazards, responding to and investigating reports of workplace violence, and responding to workplace violence emergencies (including alerts and evacuation protocols). The WVPP also must specifically address the hazards and corrective measures for each work area and operation, and employers must record a “violent incident log” for every workplace violence incident and keep records of those logs for five years. Lastly, employers must train employees when the WVPP is first established and annually thereafter, as well as when a new or previously unrecognized workplace violence hazard is identified.

Cal/OSHA enforces these requirements under its standard inspection, citation, and penalty framework. “Serious” violations can result in up to a $25,000 penalty, and up to a $153,744 penalty for “willful” violations.

Currently, Cal/OSHA is in the process of drafting regulations related to the workplace violence prevention rule. As part of that process, Cal/OSHA held an advisory committee meeting in January of this year where interested parties voiced their thoughts and concerns about the draft revisions.  The draft regulations include many changes:

• Defining “engineering controls” to include specific additions or changes to the workplace such as installing electronic or mechanical access controls to employee occupied areas; weapon detectors; enclosed workstations with shatter-resistant glass; and personal workplace alarms.
• Defining “work practice controls” to also mean having appropriate staffing levels and dedicated safety personnel.
• Specifying that “workplace violence hazards” include situations such as employees working alone or in isolated locations, the presence of money or valuable goods, frequent or regular contact with the public, and working late at night or early morning.
• Prohibiting employers from requiring employees (with the exception of security personnel) from confronting persons suspected of committing a criminal act or engaging in workplace violence.
• Specifying the procedure for the post-incident response and investigation, including requiring employers with 25 or more employees to provide individual trauma counseling to employees affected by workplace violence incidents.

Needless to say, at the January meeting employer groups advocated for no additional obligations while labor groups supported the proposed changes, some of which the legislature had already considered in drafting the initial legislation. Notably a few of the new requirements would hit smaller employers particularly hard such as providing required trauma counseling.

Next Steps

Cal/OSHA will continue working on the draft regulations for the rest of the year with a vote on proposed changes to occur in late 2026 and implementation in 2027. Therefore, employers do not need to worry, at least for now, about changes to the current requirements.