On May 13, 2025, Cal/OSHA issued a revised draft of its proposed Workplace Violence Prevention 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.
Here are 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 “retaliating” 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 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.
- 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.
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.
- Set up a five-year document-retention system for incident logs, corrective actions, and hazard evaluations.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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