Cal/OSHA Advisory Committee Discusses Revised Workplace Violence Prevention Regulation Draft

Quick Hits

• In July 2024, California’s comprehensive workplace violence prevention statute for general industry took effect, with the requirement that virtually every California employer implement a comprehensive workplace violence prevention plan.
• The law requires the California Division of Occupational Safety and Health (Cal/OSHA) to propose a workplace violence prevention standard by December 31, 2025, and adopt a standard no later than December 31, 2026.
• On November 12, 2025, an advisory committee to the Occupational Safety and Health Standards Board met to discuss revisions to a draft regulation. The advisory committee meeting addressed several contentious issues, including exceptions for smaller employers, the definition of “employee representative,” the inclusion of “stalking” in the definition of workplace violence, and the definition of “workplace violence hazards.”
• The Cal/OSHA Standards Board will review feedback from the meeting and issue a revised draft regulation for further consideration in early 2026, incorporating suggestions and addressing concerns raised by both employer and employee advocates.

Advisory Committee Meeting

Below is an overview of the meeting.

• The current draft includes an exception for smaller employers defined as those with fewer than ten employees in a workplace that is not accessible to the public.
• Labor advocates sought a broad definition of “authorized employee representative” or an adjusted definition of “employee representative” so that unrecognized labor organizations or employee advocates could take on a greater role in workplace violence plans, training, and recordkeeping.
• Employee advocacy groups continue to demand that the California Penal Code “stalking” definition be included in the regulation to broaden and expand the definition of “workplace violence.” Employer advocates oppose this addition for a variety of reasons, including that Occupational Safety and Health Appeals Board (OSHAB) judges should not be interpreting penal code statutes, and that stalking, including harassing behaviors that are not threats or violence. This area of discussion was the most robust and vigorous, with employee advocates pushing to incorporate incredibly broad stalking language as a form of workplace violence.
• A discussion regarding the definitions of “workplace violence hazards” was another area of contentious discussion. The current list includes such vague terms as “hostile work environment,” “inadequate staffing,” and “high crime areas,” as well as “working with persons with a history of violence.” Trade groups expressed concern regarding listing “working with persons with a history of violence” violates employee privacy protections and is a subjective standard.
• Lawful acts of self-defense and defense of others have been added to the required employer procedures.
• Offering trauma counseling is another contentious area of the draft regulation. Employee advocates want individual trauma counseling to be required within the Cal/OSHA regulation.

Next Steps

The Cal/OSHA Standards Board will review the meeting, written comments, and suggestions and issue a further draft regulation for consideration at the Standards Board in early 2026.

In addition, the Ogletree Deakins Client Portal tracks developments and provides real-time updates on California employment laws, including California Workplace Violence Prevention. (Full law summaries and our California General Industry Workplace Violence Prevention Toolkit are available for Premium-level subscribers; Snapshots and Updates are available for all registered client-users.) For more information about the Client Portal or to inquire about a Client Portal subscription, please reach out to clientportal@ogletree.com.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and will provide updates on the California and Workplace Violence Prevention blogs as additional information becomes available.

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