What happened?

 On July 15, 2024, Cal/OSHA issued another revised discussion draft, consistent with SB 553, and it added several requirements.

What are the details?

The revised discussion draft introduces several significant additions and updates compared to the previously established California Workplace Violence Prevention Plan (WVPP). Here are the key points:

1. Engineering and Work Practice Controls: includes examples of engineering controls like access controls, weapon detectors, and improved lighting, as well as work practice controls to prevent workplace violence.

2. Communication Requirements: Employers are required to communicate with authorized employee representatives and employees regarding workplace violence matters and the results of investigations.

3. Record Keeping: Employers must create and maintain detailed records of workplace violence complaints and investigations.

4. Post-Incident Procedures: Employers must implement specific procedures for post-incident response and investigation. This includes providing immediate medical care or first aid to injured employees and, for employers with more than 25 employees, making individual trauma counseling available to affected employees.
   
5. Additionally, the draft outlines examples of workplace violence hazards. Cal/OSHA will hold an advisory committee meeting later in the year to solicit input on the draft, though the date has not yet been scheduled.

• To leave a comment on the draft, you can email Principal Safety Engineer Kevin Graulich at KGraulich@dir.ca.gov by the September 3, 2024, deadline.
  • Keep an eye out for the announcement of the advisory committee meeting date if you wish to participate.

• As part of the legislation, Cal/OSHA is required to develop a Workplace Violence Prevention regulation and present it to the Board before December 31, 2025.
  • The initial draft regulation (Title 8 CCR 3343) includes more specific workplace violence prevention requirements, including engineering controls.
  • Under SB 553, a new regulation must be adopted by December 31, 2026.

For the previous California Workplace Violence Prevention Plan updates, please visit: Reminder: California Workplace Violence Prevention Plan Effective on July 1, 2024 (VensureHR)

Business Considerations

• Employers should Monitor announcements for the advisory committee meeting date to participate and provide input on the draft.
• Employers should submit Comments on the draft to Principal Safety Engineer Kevin Graulich at KGraulich@dir.ca.gov by the September 3, 2024, deadline.
• Employers should prepare for Future Regulations and be aware that Cal/OSHA is required to develop a Workplace Violence Prevention regulation by December 31, 2025, with a new regulation to be adopted by December 31, 2026, under SB 553.
• According to Seyfarth Shaw law firm, “…Cal/OSHA’s draft regulation creates the realistic potential that the agency will enforce it as a “specification standard,” creating risk for employers who do not consider and implement the specific controls included in the definition.”, which means that employers should be extra vigilant due to the potential risk.  

Source References

• Cal/OSHA Workplace Violence Prevention for General Industry (Non-Health Care Settings)
• Cal/OSHA Publishes Draft Workplace Violence Prevention Standard With Additional Proposed Requirements (Ogletree Deakins)
• Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry (Seyfarth Shaw LLP.)
• The Journal of Record for Cal/OSHA and the Occupational Safety & Health Community (Cal-OSHA Reporter)

Resources

• Cal/OSHA Workplace Violence Prevention Guidance and Resources (CA DIR)

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