The California Division of Occupational Safety and Health (Cal/OSHA) has proposed significant revisions to the Workplace Violence Prevention (WVP) regulation for general industry. The updated draft, released on May 13, 2025, outlines postential new compliance requirements related to workplace violence reporting, post-incident response, and long-term recordkeeping obligations.
While the public comment period officially closed on July 14, 2025, employers should be aware of the anticipated regulatory changes. Final adoption of the updated regulations are expected by the end of 2026.
Key Proposed Revisions
- Expanded Coverage Criteria. The exemption for small employers now applies based on total employee count, not those “at any given time.” Certain industries, including janitorial, security, and in-home care are newly included regardless of employer size.
- Clarified Definitions. Updates to key terms such as “engineering controls” and “work practice controls” emphasize that listed measures are examples rather than mandates, allowing for case-by-case flexibility.
- Revised Self-Defense Provisions. Employers may not prohibit lawful acts of self-defense or defense of others. The prior restriction on confronting violent individuals has been narrowed to apply only to untrained employees. Security personnel are not subject to this restriction.
- Enhanced Reporting Procedures. The proposed rule requires employers to accept workplace violence reports from employees, supervisors, authorized employee representatives, and third parties. Anonymous reporting must also be permitted.
- Post-Incident Response for Employers with 25+ Employees. Larger employers will be required to offer trauma counseling, conduct debriefings, assess workplace hazards, solicit employee feedback, and document corrective actions following a workplace violence incident.
- Expanded Recordkeeping Obligations. Employers must maintain documentation of workplace violence incidents, related investigations, inspections, hazard assessments, and corrective actions for five years. Training records must be retained for one year.
Next Steps for Employers
To prepare for implementation of the final rule, employers should:
- Review and Update Workplace Violence Prevention Plans (WVPPs): Revise your plan to reflect the updated definitions, expanded scope, and enhanced reporting requirements.
- Implement Reporting Mechanisms: Ensure your organization can accept anonymous and third-party reports, including submissions to non-supervisory personnel.
- Strengthen Post-Incident Protocols: Employers with 25 or more employees should plan to support post-incident needs such as trauma counseling, debriefings, and corrective action tracking.
- Reinforce Recordkeeping Processes: Prepare to document and retain incident logs, investigation results, hazard inspections, and training records in accordance with the proposed retention periods.
- Stay Informed: While the comment period has closed, employers should continue monitoring Cal/OSHA’s updates as the regulation proceeds through the rulemaking process toward anticipated adoption by year-end 2026.
HR Works will continue to monitor this topic and provide updates as more information is made available.
