With the 2026 California Division of Occupational Safety and Health (Cal/OSHA) updates now in motion, maintaining your existing Workplace Violence Prevention Plan is only half the story. To stay compliant as we transition from the Labor Code to the permanent Title 8 Section 3343 by December 31, you need to understand what’s changing this year and why it matters.
Background
2023
California Senate Bill (SB) 553 amended the Civil Code procedure 527.8 and Labor Code sections 6401.7 and 6401.9. The law directly addresses the rising concerns surrounding workplace violence by requiring prescriptive, proactive plans from employers across all sectors and industries.
2024
As of July 1, 2024, employers are required to develop and implement a Workplace Violence Prevention Plan, start an incident log, and complete employee training as mandated by the Labor Code changes. This move underscores the growing recognition of maintaining employees' safety and well-being in response to increasing numbers of workplace violence incidents and fatalities.
2026
The California Division of Occupational Safety and Health 9Cal/OSHA) has now proposed a new standard to adopt the Labor and Civil Code requirements into the California Code of Regulations, Title 8 Section 3343. Advisory Board meetings are ongoing, and the new regulation must be adopted by the Occupational Health and Safety Standards Board by December 31, 2026.
Who does SB 553 apply to?
SB 553, the Civil and Labor Codes, and the proposed Title 8 standard cast a wide net, including virtually every employer in California. Whether you're a small business owner or part of a large corporation, compliance with this legislation is non-negotiable.
There are very few exemptions to the employers covered by the requirements, but these include:
- Healthcare facilities and operations already subject to the Cal/OSHA violence in healthcare standard.
- Employers that comply with the violence in healthcare standard.
- Facilities operated by the Department of Corrections and Rehabilitation that comply with Title 8, Section 3203, Injury and Illness Prevention Program (IIPP).
- Qualifying law enforcement agencies that comply with Title 8, Section 3203, IIPP.
- Employees teleworking at locations of their choice.
- Worksites not accessible to the public with fewer than 10 employees and which comply with Title 8, Section 3203, IIPP.
The above-noted IIPP compliance exemptions require those employers to assess their operations for workplace violence hazards and implement corrective actions (including training) when applicable to their workforce and locations.
Risk assessment development
Employers are now tasked with developing and implementing a comprehensive Workplace Violence Prevention Plan tailored to their internal procedures and to each employee’s specific job and workplace violence risks and hazards.
Organizations must identify hazards, implement corrective actions to address them, and communicate these hazards and actions to employees through training. It's not a one-size-fits-all approach; the strategy must be customized for each work task and environment.
To address this challenging task effectively, employers can:
- Implement an overarching plan and general violence prevention training supplemented by detailed information for each unit, job description, and location.
- Conduct and document a risk assessment with each specific work unit and location and provide the affected employees with information on the hazard controls and training on procedures to prevent violence.
- Use training sheets to document and convey the job-specific hazards, corrective actions, and procedures to affected employees.
Detailed procedures
The Plan does not stop at hazard evaluation and corrective actions. The updated California codes and proposed regulation require documentation of the employer’s specific procedures, including:
- Designating individuals or teams to oversee the implementation and enforcement of the Plan.
- Clear protocols for implementation, including reporting and responding to incidents of workplace violence, harassment, or threats.
- Establishing emergency response procedures and training records.
- Maintaining the incident log and other records for the Plan.
With thoughtful planning and timely updates to your WPVPP, you can stay ahead of regulatory changes and safeguard your employees with confidence.
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