by Vanessa M. Greene, J.D.; Employment Law Subject Matter Expert, CalChamber
It’s been over a year since California’s general industry workplace violence prevention requirements took effect, and CalChamber’s employment law experts have been supporting businesses on their compliance obligations. However, many employers are still unsure how to comply. Since it’s critical for employers to understand these requirements so they can avoid potential compliance issues, here’s some answers to common employer workplace violence prevention questions and misunderstandings.
On July 1, 2024, California’s workplace violence prevention requirements went into effect. “Workplace violence” is defined broadly to mean any act of violence or “threat of violence” that occurs in a place of employment and includes four separate categories of workplace violence. Covered California employers must:
Additionally, every year, employers must review their workplace violence prevention plan’s effectiveness and provide training on the law’s requirements and their plan.
Employers with multiple worksite locations often ask whether they can create a universal plan that covers all their worksites. Unfortunately, a universal — or “one-size-fits-all” — plan will not satisfy the law’s requirements.
The employer’s WVPP must be tailored to address the specific hazards and corrective measures associated with each individual work area and operation. Employers are expected to evaluate each worksite and develop a plan that reflects the actual conditions and risks present at that location, taking into account the nature of the business or operation conducted there.
Therefore, employers with multiple facilities, locations or types of worksites must ensure that their plan addresses the distinct characteristics of each setting. For example, an employer with a public-facing retail store at one location, a warehouse or distribution center at another, and a corporate office at a third must assess and document the unique workplace violence hazards and corresponding procedures for each worksite. Compliance requires a thoughtful, worksite-specific approach that considers the operational differences and associated risks across the organization.
The workplace violence prevention law requires meaningful employee involvement in both the WVPP’s development and implementation. Specifically, employers must establish procedures for obtaining employee input on:
Employee participation may take various forms, such as safety committee meetings, anonymous surveys, tailgate discussions (short, informal safety meetings held at a job site, often before work begins) or written feedback mechanisms. Regardless of the format, the process must be clearly documented in the WVPP.
The WVPP should describe how employees were engaged and how their feedback informed the plan’s content and structure. This is not only a legal requirement — it’s also a practical measure. Employees are often best positioned to identify hazards and provide insight into workplace risks, making their involvement essential to an effective and compliant plan.
Not if you want to stay compliant. One of the most common mistakes employers make is relying on generic or pre-recorded training programs that are not customized to their own operations.
California law requires that workplace violence prevention training be specific to the:
In other words, the training must align with the real-world risks your employees may encounter and must include the reporting procedures, hazard controls and response protocols outlined in your plan.
If your WVPP has not yet been developed, you are not ready to conduct training. The plan provides the foundation upon which legally compliant and operationally effective training must be built.
No. Harassment prevention and workplace violence prevention are two separate legal requirements with different purposes and content requirements.
Harassment prevention training is required under California’s Fair Employment and Housing Act (FEHA) and is designed to address discrimination, harassment and retaliation in the workplace. It includes specific requirements related to duration, delivery method and trainer qualifications.
By contrast, workplace violence prevention training focuses on:
Your training must be tailored to your specific worksite(s) and job roles and then updated when your plan is revised.
Both training requirements are mandatory; however, completing harassment prevention training does not satisfy your obligations under the workplace violence prevention law.
The general workplace violence prevention requirements only have a few limited exemptions.
The following employers are exempt from the law’s requirements:
Those final two exemptions frequently lead to confusion. The remote work exemption applies only to employees who work exclusively from a location of their choosing — outside the employer’s control. The exemption does not apply to hybrid workers, those occasionally reporting to an employer-controlled worksite or those assigned to a client’s workplace.
Similarly, the small, non-public worksite exemption is interpreted narrowly. It applies only where fewer than 10 employees are present at any one time, and the worksite is not accessible to the public. “Not accessible to the public” remains undefined, but if your worksite hosts occasional visitors, customers or shares space with other businesses, you may not qualify.
Importantly, the burden is on the employer to demonstrate that an exemption applies. In cases of uncertainty, you should consult with legal counsel.
Even with a well-developed workplace violence prevention plan and training program, employers may find themselves unprepared when an actual incident occurs. This is a critical area of compliance that requires advance planning and clear procedures.
A proper response should include the following:
Employers should treat every report or incident of workplace violence seriously. A timely and thorough response helps protect employee well-being, foster a culture of safety and mitigate legal risk.
For more information on California’s workplace violence prevention requirements and best practices, check out CalChamber’s Workplace Violence Prevention Standards in the HR Library. Additionally, Cal/OSHA maintains a workplace violence prevention resources page with frequently asked questions about the law, fact sheets and other educational materials.
Lastly, to help employers with these requirements, CalChamber offers a variety of resources such as plan development support, computer-based training and more. Check out Workplace Violence Plan Solutions for more information.