Update Applicable to:	Effective Date
All Covered Employers with 10 or More Employees	See Details Below

What happened?

On May 13, 2025, Cal/OSHA released a revised draft of its proposed Workplace Violence Prevention in General Industry regulation, updating its July 2024 version to reflect stakeholder feedback and clarify employer responsibilities.

Overview:

The public comment period for this draft closed on July 14, 2025. Cal/OSHA is expected to hold an advisory committee meeting and finalize the regulation by the end of the year.

Employers should proactively review and update their Workplace Violence Prevention Plans (WVPPs) to align with the proposed changes and prepare for compliance once the regulation is adopted.

Additional Information:

The updated draft introduces several key changes to the proposed regulation:

• Self-Defense Protection: Employers may not retaliate against employees who act in lawful self-defense or defense of others (Penal Code §§692–694).

• Clarified Headcount Exemption: The regulation applies only to employers with 10 or more total employees, resolving prior confusion around fluctuating staffing levels.

• Expanded Hazard Definitions: New examples of workplace violence hazards include:
  • Hostile work environments
  • Required/excessive overtime
  • Inadequate staffing
  • High-crime areas
  • Work involving alcohol, marijuana, or pharmaceutical

• Stalking Included: Stalking (Penal Code §646.9) is now explicitly considered workplace violence if the employer is aware or reasonably should be.

• Authorized Employee Representative: Defined as a union or recognized employee organization, with the right to request:
  • Hazard identification records.
  • Training documentation.
  • Violent incident logs.

• Reporting Channels: Employers must allow employees to report Type 3 violence (employee-on-employee) to someone other than a direct supervisor.

• Anonymous Reporting: Employers must accept and respond to anonymous reports of workplace violence.

• Post-Incident Response: Employers with 25 or more employees must offer trauma counseling upon request, conduct debriefings, and solicit employee feedback. Exceptions apply for repetitive, unintentional incidents in certain settings (e.g., special education).

• Recordkeeping Requirements: Employers must retain:
  • Hazard assessments, incident investigations, reports, and corrective actions for 5 years.
  • Training records for 1 year.

Source References

• Cal/OSHA Publishes Draft Workplace Violence Prevention Standard Version 2.0 (VensureHR)
• California DIR – Workplace Violence Prevention in General Industry (May 13, 2025 – Draft)

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