As the anniversary of California’s workplace violence prevention law approaches, so too does the deadline to comply with the law’s annual policy review and training requirements. As a brief recap, by July 1, 2024, employers were required to develop and implement a workplace violence prevention plan (WVPP) and provide employee training on the WVPP. On an annual basis thereafter, employers are required to review and, if necessary, update their WVPP and retrain their employees. For additional details on the law, see HERE.
Complying with Annual Requirements
For employers who established a WVPP and conducted employee training prior to July 1, 2024, the annual compliance deadline might be right around the corner. To comply with annual requirements under the law, employers must:
- Review the WVPP for effectiveness;
- If necessary, revise the WVPP to account for deficiencies or workplace violence incidents;
- Retrain employees on the WVPP and requirements under the law; and
- If necessary, provide additional training on any changes to the WVPP or new workplace violence hazards identified.
Proposed Changes to the Workplace Violence Prevention Law
In January 2025, the California Occupational Safety and Health Agency proposed changes to the workplace violence prevention law, but worry not – a vote on the draft regulations will not occur until 2026 and approved changes will not be implemented until 2027. To get ahead of the game, review these highlights of the proposed changes, which include, but are not limited to:
- Revising the definition of “engineering controls” to provide a list of examples, including electronic or mechanical access controls to employee occupied areas, enclosed workstations with shatter-resistant glass, separate rooms for high risk persons, improving lighting in dark areas, video monitoring or recording, and personal and workplace alarms.
- Revising the definition of “work practice controls” to provide a list of examples, including appropriate staffing levels, dedicated security personnel, effective means to alert personnel of security threats, control of visitor entry, and procedures to prevent unauthorized weapons in the workplace.
- Specifying that “workplace violence hazards” include employees working alone or isolated from others, areas with poor lighting or limited visibility of surrounding areas, areas where unauthorized access can occur, locations without effective escape routes, presence of money or valuables, frequent contact with the public, working late night or early morning hours, and selling or distributing certain drugs.
- Modifying procedures to correct workplace violence hazards, including prohibiting employers from requiring employees to confront persons suspected of committing a crime or engaging in workplace violence, and allowing employees to remove themselves from unsafe conditions when necessary.
- Modifying procedures for post-incident response and investigation, including making available individual trauma counseling (for employers with 25 or more employees), identifying and evaluating workplace violence hazards contributing to the incident, identifying and evaluating whether corrective measures under the WVPP were effectively implemented, and soliciting employee opinions regarding the cause of the incident and measures that may have prevented the incident.
Employer Takeaways
While the proposed changes will not affect employers anytime soon, employers should prepare for compliance with the law’s annual requirements by taking the following steps:
- Identify any deficiencies in the WVPP;
- Conduct a review of workplace violence incidents;
- Evaluate whether new workplace violence hazards have been identified; and
- Update training materials for any changes to the WVPP and/or new workplace violence hazards identified.
If you have questions related to or need assistance complying with annual requirements under the workplace violence prevention law, please reach out to the NFC Attorney with whom you typically work or call us at 619.292.0515.