On May 13, 2025, Cal/OSHA issued a new draft of its proposed Workplace Violence Prevention in General Industry regulation, which updates its previously issued July 15, 2024 version. This May 2025 version incorporates advisory committee meeting feedback, and further regulation guidance is anticipated by the end of 2025.
Key Changes to the July 2024 Workplace Violence Prevention Plan Requirements:
- “Confronting Criminals” Ban Removed – the new draft replaces the prior ban with new language which prevents employers from “retaliat[ing]” against an employee involved in self-defense or the defense of others. This is a sharp departure from the prior language, which prohibited and discouraged employers from having employees engaging with those suspected of criminal activity. This shift in Cal/OSHA’s approach regarding workplace violence and employee confrontations will likely generate further comments and questions as it relates to employer liability, training, and enforcement.
- Scope and Exemption Clarification – the new draft regulations proposed by Cal/OSHA revises how employee headcount is defined for purposes of applicability of the Workplace Violence Prevention Plan requirements. Previously, employee headcount was unclear and ambiguous as to its application, defining headcount as “10 employees working at the place at any given time.” The new language provides much-needed clarity, refining the definition of employee headcount to a total headcount of “less than a total of 10 employees.” These revisions clarify an exemption that caused confusion for smaller employers who had a fluctuating headcount depending on the time of day and/or time of year.
- Refining Definitions – the previously defined “engineering controls” and “work practice controls” imposed significant burdens and citation risk for employers, as the enumerated controls (“weapons detectors,” “enclosed workstations with shatter, smash, or bullet-resistant glass,” “deep service counters,” and/or “security personnel”) appeared to be mandatory requirements. As such, these hazard prevention engineering/work practice controls, likely intended to be demonstrative of types of things employee can use to mitigate workplace violence risk, as drafted, gave employers the impression that they were to install bullet-proof glass, maintain weapons detectors, and hire security personnel – a financial and architectural impracticality for smaller employers. The revised language clarifies that the listed engineering and work practice controls are merely illustrative, and not mandatory. While efforts were made to clarify and reduce the employer burden, the definition of “workplace-violence hazards” has actually expanded exposure risk for employers, as the scope of these hazards includes subjectively assessed risks, including “hostile work environments,” “required and excessive overtime,” and “inadequate staffing.”
- Changes to Reporting Channels – the newly revised language requires employers to allow employees to report Type 3 violence (employee-on-employee) to someone other than a direct supervisor.
- Record Keeping Requirements – records, including inspections, investigations, and assessments, must be retained for five years, and training records must be maintained for one year.
Importantly, per Senate Bill 553, most employers are already required to maintain a Workplace Violence Prevention Plan. The foregoing list of proposed changes will supersede and expand on the already existing statutory requirements. See our prior blog HERE on Workplace Violence Prevention Plan requirements.
Next Steps for Employers:
- Review your existing WVPP against the draft language—pay special attention to new reporting channels, headcount thresholds, and record-retention rules.
- Assess security protocols in light of the lifted ban on confronting offenders; update job descriptions and training for security or loss-prevention staff.
- Update hazard assessments to address newly listed “presumptive” hazards (hostile work environment policies, unsecured entries, staffing levels, etc.).
- Set up a five-year document-retention system for incident logs, corrective actions, and hazard evaluations.
Submit written comments to Cal/OSHA by July 14, 2025 if any provisions negatively affect your operations—especially small-business or industry-specific concerns. CDF will continue to track the rule-making process and provide updated recommendations once the regulation is finalized.
