2025 Workplace Violence Prevention Plan Review, Revision, and Retraining Obligations
As detailed in a prior SNS Employment Law legal update, California Governor Gavin Newsom signed two significant bills—Senate Bills (SB) 428 and 553—into law in 2023 related to workplace violence prevention in non-healthcare settings.* Among other measures, the legislation created Labor Code section 6401.9, which requires most employers to: (1) establish, implement, and maintain an effective workplace violence prevention plan; and (2) provide employees with training regarding the plan. These obligations went into effect on July 1, 2024.
As noted in the prior legal update, the California Division of Occupational Safety and Health (Cal/OSHA) developed a Model Workplace Violence Prevention Plan for General Industry (Non-Health Care Settings), which employers may utilize or may create their own plan so long as it complies with the legislation. Cal/OSHA also issued a Fact Sheet for employer reference.
Specific training obligations are outlined in Labor Code section 6401.9(e), and require employers to explain the contents of the plan, how to obtain a copy of it, and how to participate in its development and implementation; detail legal definitions and requirements; explain how to report workplace violence incidents and concerns to the employer or law enforcement without fear of reprisal; identify workplace violence hazards specific to employees’ jobs, corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm; provide information about the violent incident log and how to obtain copies of it; and include time and an opportunity for interactive Q&A with a person knowledgeable about the plan.
In addition to the initial requirements that went into effect last summer, and particularly relevant to this legal update, Labor Code section 6401.9 includes ongoing employer obligations with regard to both the workplace violence prevention plan and related training. At least annually, employers must review the effectiveness of the plan and revise it as needed, which may include procedures to obtain the active involvement of employees and authorized employee representatives. Additional review must be conducted and revisions made, as appropriate, if a deficiency is observed or becomes apparent and after each workplace violence incident. In addition to reviewing the plan and making appropriate revisions, employers must also provide employees with training at least annually. Additional training is also required when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. This additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
As employers approach the anniversary of the initial July 1, 2024 implementation, they must review their workplace violence prevention plan, revise as appropriate, and provide training to employees.
Cal/OSHA is currently developing a workplace violence prevention standard that meets the requirements of Labor Code section 6401.9 and will submit it to the Occupational Safety and Health Standards Board (OSHSB) by the end of this year. OSHSB is required to adopt the standard no later than December 31, 2026. The most recent draft of these standards, revised on May 13, 2025, can be accessed here.
More information regarding Labor Code section 6401.9 and workplace violence prevention plan and training obligations in non-healthcare settings, detailed in this legal update, can be located here and here.
* Healthcare settings have separate obligations regarding workplace violence prevention plans and training. Cal/OSHA's Workplace Violence Prevention in Health Care standard, which can be found in Title 8, Section 3342 of the California Code of Regulations, has been in place since 2017. Information about employer obligations in healthcare settings can be located here and here.
This legal update and any use of its information does not create an attorney-client relationship. Nothing contained on this website should be considered legal advice for any specific employer or employment situation. Consult legal counsel before taking any action as a result of information contained herein.
