California Code of Regulations, Title 8, Section 3342 require covered employers to develop a workplace violence prevention plan (WVPP). The plan must include procedures to identify and evaluate risk factors for workplace violence, correct hazards, prepare for workplace violence emergencies, and respond to and investigate violent incidents.
Currently the regulation applies to health care facilities covered by the standard. However, Cal/OSHA recently released a revised draft regulation for workplace violence prevention to apply to general industry, not just health care.
The process of increasing the scope of the WVPP regulation commenced in 2014 by way of a Petition filed on behalf of “over 300,000 teachers who work in the state of California” who asked Cal/OSHA “for the creation of workplace safety standards to reduce injuries in the educational setting.”
Petition 542 was subsequently granted “to the extent that it will be sent to an advisory committee to address workplace violence prevention in all California workplaces, specifically inclusive of educational workplaces.” This led to draft proposals that were published in 2018, and now the revised discussion draft in May 2022.
The newest draft proposal adds section §3343 to the regulations. This new section does not apply to health care facilities, service categories, and operations covered by California Code of Regulations, title 8, section 3342, as well as facilities operated by the California Department of Corrections and Rehabilitation, and to certain law enforcement agencies which are covered by other regulations.
If adopted, all other employers “shall establish, implement and maintain an effective workplace violence prevention plan.” And “shall record information in a violent incident log (Log) about every workplace violence. incident.” However a “log is not required when an employer has had no workplace violence incidents in the past five years.”
And the “employer shall provide employees with general awareness training on workplace violence that includes: the employer’s Plan, how to obtain a copy of the employer’s Plan, how to participate in development and implementation of the employer’s Plan, the definitions and requirements in this section, and how to report workplace violence incidents or concerns to the employer without fear of reprisal.”
The Division is seeking input on a revised discussion draft for workplace violence prevention in general industry. Interested parties are invited to submit written comments to Senior Safety Engineer Kevin Graulich, KGraulich@dir.ca.gov by July 18, 2022.