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August 19, 2022

Cal/OSHA Revises Proposed Workplace Violence Prevention Regulations

California Code of Regulations, Title 8, Section 3342 requires covered employers (currently health care facilities) to develop and implement a workplace violence prevention plan (WVPP). Revised drafts of this regulation, making it applicable to general industry not just healthcare, were proposed in 2014 and 2018, but seemingly stalled out.  

The most recent draft proposal of May 2022, if adopted, changes various key definitions and will require all employers to develop and implement WVPP and to “record information in a violent incident log [] about every workplace violence incident.” Employers who have had no workplace violence incidents in the past five years will not be required to maintain a violent incident log.

The revised draft also includes mandated training on various aspects of the employer’s WVPP including the plan itself (e.g., definitions, development and implementation), how employees can receive a copy of the WVPP and report instances of workplace violence or concerns without fear of reprisal.

Cal/OSHA sought public input on its latest revision and closed the written comment period on July 18, 2022.

General industry employers should begin contemplating the development and implementation of a WVPP by considering how it might address the following WVPP requirements:

  • WVPP (Plan) must be in writing and can be included in an existing Injury and Illness Prevention Program.
  • Plan must be available to employees and authorized employee representatives at all times and include the following elements:
    • Names of job titles of the persons responsible for implementing the Plan.
    • Effective procedures to obtain active involvement of employees and authorized representatives in developing and implementing the Plan (e.g., identifying, evaluating, correcting workplace violence hazards).
    • How employer will coordinate implementation of the Plan with other employers when applicable.
    • Effective procedures for accepting and responding to reported incidents of workplace violence and prohibit retaliation for reporting.
    • Compliance assurance and communication of the Plan to employees.
    • Response procedures, training, correction, post-incident response and investigation, effectiveness review process.