By: Ilana Morady
Cal/OSHA recently issued a revised draft of its general industry workplace violence prevention standard, offering the clearest indication yet of how the Division intends to build on SB 553. Although the rule is not final, the current draft reflects meaningful stakeholder input and signals where compliance expectations are likely headed. Employers should treat it as a practical roadmap, particularly given that Cal/OSHA is already enforcing workplace violence prevention obligations through SB 553.
Comments on the current draft are due by June 1, after which additional revisions are expected before the rule advances further in the rulemaking process.
Expansion Beyond SB 553
The draft largely incorporates the framework created by SB 553, which took effect in July 2024, but goes further by adding detail on hazard assessment, post‑incident response, and program implementation. The Division continues to rely on its authority to impose additional requirements it deems necessary to protect employee safety. The final standard will not simply mirror the statute but instead expand on it in ways that require more structured and documented compliance efforts.
Trauma Counseling Requirement Refined
One of the most closely watched provisions remains the trauma counseling requirement. The revised draft reflects a shift from earlier language by clarifying that employers satisfy this obligation if counseling is available through workers’ compensation, employee assistance programs, or initial services offered by the employer.
Cal/OSHA also emphasizes that employers are not responsible for diagnosis or treatment. Even with these revisions, questions remain about which employees qualify as “affected” and how broadly the obligation may apply following an incident.
Scope and Coverage Changes
The updated draft introduces several targeted revisions that clarify who is covered and how coverage is measured. The small employer exemption has been narrowed by revising how employee headcount is calculated. Instead of looking at staffing at a single point in time, the draft requires employers to assess whether they have 10 or fewer employees based on staffing levels at the workplace over the preceding 365 days. This change is intended to prevent fluctuation in coverage based on temporary staffing patterns and aligns the measurement approach with other Cal/OSHA standards.
The scope of the rule has also been expanded to expressly include employer‑provided transportation. This addition closes a gap that could otherwise exclude incidents occurring during transportation arranged or controlled by the employer, such as shuttle services or company vehicles used for work-related travel.
The draft further revises key definitions to align with existing Cal/OSHA provisions. In particular, the definitions of “authorized employee representative” and “designated representative” have been conformed to existing regulatory language, which may broaden who can participate in workplace violence prevention activities, including access to records and involvement in investigations. These definitional changes are likely to have practical implications for how employers manage employee participation, third-party representatives, and the flow of sensitive information within their programs.
Hazard Assessment Expectations
Cal/OSHA has revised not just the examples in the hazard assessment section, but the structure and framing of the analysis itself in response to stakeholder feedback. Earlier drafts included a list of specific “examples” of workplace violence hazards, which many commenters viewed as overly prescriptive and potentially creating a checklist approach to compliance. In the current draft, the Division has removed several of those examples and reframed the list as factors for employers to consider when evaluating risks.
The agency deleted references to high crime areas, hostile work environments, working with individuals with a history of violence, excessive overtime, and providing security services. These changes reflect an effort to avoid characterizing certain industries or conditions as inherently hazardous and to shift the focus back to employer-specific risk assessments.
In addition, the Division has incorporated “appropriate staffing levels” into the definition of work practice controls. This change aligns the draft with the healthcare workplace violence standard and signals that Cal/OSHA may view staffing decisions as relevant to hazard mitigation in certain contexts.
Program Implementation and Training
The draft includes a number of refinements that affect how workplace violence prevention programs must operate. Employers must ensure that employees can report concerns to someone other than a supervisor who may be involved in the incident, particularly in employee‑on‑employee situations.
Training requirements have also been clarified. Employees must be given an opportunity to ask interactive questions, and where training is conducted remotely, those questions must be answered within one business day. The draft further clarifies that while employees are protected from retaliation for lawful self‑defense, employers may still enforce policies designed to prevent physical confrontations and reduce the risk of injury.
Recordkeeping and Access
The revised draft expands employee access to workplace violence records, including investigation materials. It also allows designated representatives to obtain access, subject to limited redaction of personal identifying information.
This expanded access raises practical considerations around confidentiality and data security, particularly given the sensitive nature of workplace violence investigations and the lack of clear boundaries around who may qualify as a representative.
Practical Implications Although further revisions are expected before formal rulemaking proceeds, the direction of the regulation is clear. Cal/OSHA is moving toward a comprehensive workplace violence standard that builds on SB 553 while expanding employer obligations in several key areas. In the meantime, enforcement continues under existing law.