Workplace Violence Prevention: What to Know

Expanding Laws on Violence in the Workplace

In July 2024, California updated its WVPP law, requiring all employers with physical locations in the state to comply with specific guidelines, with some exceptions. Starting in March 2025, New York will implement similar requirements for retail workers, joining other states who have legislation on workplace violence such as:

• Connecticut
• Illinois
• Maryland
• Minnesota
• New Jersey
• Oregon
• Texas
• Washington

These measures aim to reduce workplace violence incidents, although specific requirements and industries affected vary by state. Following California’s example, 27 states have considered bills related to workplace violence, with 11 already enacting some form of it. None, however are as comprehensive as California’s law.

While the laws regarding workplace violence are not yet far-reaching, it is important to remain aware of the existing laws and how they will influence regulations in other states.

California’s Workplace Violence Prevention Plan Requirements

California’s WVPP law requires all employers with physical locations in California to provide a prevention plan addressing workplace violence risks. Key components include employee training, maintaining a violent incident log, and annual plan reviews. These requirements will be enforced through OSHA inspections and penalties.

Who is Exempt?

The following employers are not subject to California’s new WVPP requirements:

• Healthcare facilities covered by previously existing California standards for workplace violence prevention.
• Facilities run by the Department of Corrections and Rehabilitation.
• Certain law enforcement agencies.
• Employers with fewer than 10 employees working on-site at locations not accessible to the public.

What’s Required in the CA WVPP?

Based on current legislation, workplace violence prevention plans must address the following issues:

Hazard Identification and Correction

The plan must be tailored to address specific hazards for individual organizations. Additionally, the plan should assess workplace risks specific to location and operations.

The plan must identify appropriate corrective actions to address these hazards. Make sure there are procedures in place to continue identifying and addressing workplace violence hazards, including scheduled inspections.

Procedures and Communication

Make sure employees are involved in developing and implementing the plan, including identifying hazards, training, and reporting incidents.

Establish methods for reporting incidents and create clear guidelines to prohibit retaliation against employees who report any workplace violence incidents.

Develop a communication strategy to share the plan across the organization including information on how to report an incident, how incidents will be investigated, how investigation reports will be communicated, and any corrective actions in place. Provide methods to ensure supervisors and employees comply with the WVPP policies.

 For organizations with multiple sites, it’s important to ensure there are procedures in place to coordinate implementation across all affected sites. Make sure workplace violence prevention methods are aligned across all sites so everyone understands the requirements and how to comply with them.

Incident Response and Recordkeeping

Incident response should include methods to investigate incidents and to revise the WVPP as needed. This includes procedures to respond to workplace emergencies such as:

• How to alert employees
• Evacuating or sheltering plans
• How to access support from staff assigned to respond to emergencies, or
• How to access law enforcement

This should also include post-incident procedures such as corrective actions and WVPP revision processes when necessary.

California’s workplace violence prevention requirements include keeping an incident log detailing incidents and steps taken. This log includes:

• When and where the incident occurred
• A detailed description of the event
• Classification for instigator (e.g. customer, co-worker, relation of employee, no pre-existing relationship)
• Employer actions taken, such as contacting law enforcement or protection and mitigation efforts
• Information about the person completing the log entry

The log should categorize the type of incident:

1. Violence against an employee committed by someone who has no legitimate business at the worksite.
2. Violence against an employee committed by a customer, patient, or visitor.
3. Violence against an employee committed by a current or former employee.
4. Violence against an employee committed by a non-employee who has a personal relationship with an employee.

*Self-defense or defense of others are excluded from the workplace violence definition.

Employee Training

Employee training is required when the WVPP plan is implemented with annual training to review and update employees on procedures.  

This training should include:

• An overview of the WVPP including how to obtain a copy
• Definitions and requirements from Senate Bill 553
• How to participate in the development and implementation of the plan
• How to report incidents and concerns
• Violence hazards specific to the employee’s job and corrective measures implemented for employee violence prevention
• A review of the incident log requirements including how to obtain a copy

Training is also required any time a new or previously unrecognized violence hazard is identified or when changes are made to the WVPP.

Records Management

WVPPs should be reviewed annually, or any time a new risk is identified. Reviews should also occur following any workplace violence incident.

Records of hazard identification, evaluation, corrective actions, incident investigations, and incident logs must be kept for 5 years. Training records should be kept for one year.

All records must be made available to OSHA upon request. They should also be provided to employees within 15 days of a request.

Records should include the names and job titles of people responsible for the plan, training procedures, post-incident procedures, and investigation methods.

What Does This Mean for Employers Nationwide?

While this is a California-specific law, other states are continuing to look at laws related to workplace violence, and this California legislation could influence how these laws are enacted.

Many states already have laws in place for specific industries, but these laws could be extended to more industries, such as in New York where workplace violence legislation is being extended to retail workers.

It’s important to review state-based laws and watch what legislation is introduced to prepare for any changes. It could also be helpful to take a proactive approach, developing a Workplace Violence Prevention Plan now to make any changes easier to comply with.

To do this, consider the risks associated with your industry and workplace environment. Develop a prevention plan taking into account:

• Risk assessments
• Prevention measures
• Reporting procedures
• Communication methods

Lay out clear policies and procedures, outlining how to prevent and deal with a workplace violence incident. Determine all risk factors and plans to mitigate these risks. Provide a clear method to report incidents and protection policies for people who make a report.

Make sure all supervisors are trained on the WVPP and work with them to communicate prevention plans and train their team on how they can help reduce and address violence in the workplace.

Implement a review process to determine the effectiveness of your WVPP and procedures for adjusting these plans as needed.

Creating a Safe Work Environment

Workplace violence is a growing concern, especially in certain industries such as healthcare, tech, service, and sales. The increased incidents of workplace violence have led many lawmakers to consider how to reduce the risk and protect employees at high risk.

Developing a Workplace Violence Prevention Plan could help your organization prepare for and reduce the risk of violence while staying ahead of potential requirements. If you need help reviewing your current policies to develop a violence prevention plan, contact us.

Written by: Penny Clark