Cal/OSHA was directed by the Legislature to propose “additional requirements the Division deems necessary” to supplement the Workplace Violence Prevention Plan mandated by SB 553 (Cortese, D-San Jose, 2024) no later than December 31, 2025, thought it seems unlikely the agency will meet that deadline. 

Many of the proposed additional requirements were items negotiated out of SB 553 by the employers’ coalition when it was under consideration in the Legislature.  Among concerns raised by the same coalition that engaged on SB 553 (including California Farm Bureau): 

• Expanded scope of application by striking clarification exempting businesses closed to the public with fewer than 10 employees by striking the phrase “at any given time,” meaning that a worksite with even one employee could be covered; 

• Inclusion of criminal stalking in the definition of workplace violence, obliging Cal/OSHA enforcement personnel trained in applying Cal/OSHA regulations and assessing civil penalties to understand and apply purposely vague criminal law definitions requiring a “beyond a reasonable doubt” finding for a criminal conviction; 

• Lengthy lists of workplace hazards (like “inadequate staffing,” and “excessive and mandatory overtime”) and abatements that may be irrelevant or unimplementable (like requirements for deep service counters or bullet-proof glass); while the language is qualified as to whether the hazard or accompanying abatement will be considered “as applicable,” this is a new standard which the agency has not previously used; 

• Requirements to implement engineering controls or correct hazards that are inherent to the workplace and are not implementable or correctable within the confines of the function of the worksite, like working alone or in isolated locations, or alternatively frequent contact with the public, or working late or early hours; 

• Requirement for employers to furnish post-incident trauma counseling in addition to counseling provided by workers’ compensation, creating an obvious conflict with employers’ and carriers’ management of counseling claims after a violent incident. 

It is unclear whether the agency will have further stakeholder input meetings prior to proposing regulations in addition to the requirements of SB 553.  SB 553 also requires the Standards Board to approve supplemental regulations by December 31, 2026.