Cal/OSHA keeps revising its draft workplace violence standard: what California employers should expect to change

Cal/OSHA has now posted four discussion drafts of its general industry workplace violence prevention standard since May 2025, and the Standards Board must adopt a final standard by December 31, 2026. A draft is not law. What binds California employers today is Labor Code section 6401.9, which has required a written plan, annual training and an incident log since July 1, 2024. If you already have those three, you are ahead of the deadline, not behind it.

What is Cal/OSHA drafting, and why now?

Cal/OSHA is drafting a new Title 8 section, 3343, called Workplace Violence Prevention in General Industry, because SB 553 told it to. The statute says the division was to propose standards by December 31, 2025, and that the Standards Board adopt them no later than December 31, 2026. At a minimum, the standards must include the requirements already in section 6401.9, plus anything else the division considers necessary to protect employee health and safety. I read the statute at leginfo.legislature.ca.gov on October 22, 2026.

In plain terms, the law came first and set the floor. The standard comes second and will add detail on top of that floor. Think of the statute as the requirement and the standard as the instructions for meeting it.

Where does the draft stand on October 22, 2026?

The draft is still a discussion draft, and Cal/OSHA has scheduled another advisory meeting for October 27, 2026. Cal/OSHA’s advisory meetings page, which I read on October 22, 2026, lists this sequence:

• May 13, 2025: a revised discussion draft, which the advisory committee discussed at a November 12, 2025 meeting in Oakland.
• April 23, 2026: a further revised draft, with comments due June 1, 2026.
• July 22, 2026: another revised draft, with comments due August 17, 2026.
• September 2026: a new discussion draft, posted ahead of an in-person-only advisory meeting on October 27, 2026, from 10:00 a.m. to 4:00 p.m. at the Harris State Building, 1515 Clay St., Oakland.

Cal/OSHA’s main workplace violence page still says Cal/OSHA is working on the standard and that the Standards Board is required to adopt it no later than December 31, 2026. I did not find an adopted final text on October 22.

What changed in the latest revisions?

Trade press describes the July 22 revisions as clarifying employer duties rather than adding a new category of requirement. Occupational Health and Safety (August 5, 2026) and J.J. Keller (August 26, 2026) report that the revised draft more clearly defines duties on these topics:

• The written prevention plan and employee involvement in it.
• Hazard assessments and the correction of hazards.
• Emergency response procedures.
• Training.
• Post-incident investigations.

Occupational Health and Safety adds that the July draft refines provisions on employer-provided transportation and on small-employer exemptions, and that the comment deadline was August 17. J.J. Keller reports that the Standards Board will begin formal rulemaking next. This post tracks the dates and the reported direction, not the wording of the September draft. When the Standards Board publishes a formal proposal, that is the text worth reading line by line, and I will update my guides then. I will not guess at the final wording.

What is required today, and what is only a draft?

The statute is required today, and the discussion drafts are not. Under Labor Code section 6401.9, employers covered by the section must:

• Establish, implement and maintain a written plan that is in effect at all times and in all work areas.
• Review the plan at least annually, when a deficiency appears, and after a workplace violence incident.
• Give employees initial training when the plan is first established and annually after that, with more training when a new hazard appears or the plan changes.
• Record a violent incident log entry for every workplace violence incident, and keep the log for a minimum of five years.

A discussion draft is a working document that Cal/OSHA shares to collect comments, and it can change again before it becomes a rule. Until the Standards Board adopts a standard, I would not retool your program around any one draft’s wording. My guide to the plan covers who needs one and what it contains. My guide to the incident log and records covers the nine entry items and the retention periods.

What should a California employer do before December 31?

Keep the plan you have, keep the log current, and put the dates on your calendar. Each of these takes less than a day, and none depends on what the final text says.

• Confirm the plan is written, specific to each work area, and available to employees on request.
• Read your log. Every incident since July 1, 2024 should have an entry, with no names or other personal identifying information.
• Confirm each employee has had training in the last 12 months, and that you kept the dates, the content and the attendee list.
• Record when you last reviewed the plan, and schedule the next review for the first quarter of 2027 so the final standard is on the table.
• Mark October 27, 2026 and December 31, 2026, and read Cal/OSHA’s page after each one.

The same year-end window is busy for other reasons. The 2027 California employment laws add dates and changes you will want to handle in the same sitting.

What should a small employer relying on the under-10 exemption watch?

A small employer relying on the exemption should read the exemption language in each new draft, because the reports say it is being refined. Today the statute exempts places of employment where fewer than 10 employees work at any given time and that are not accessible to the public, but only if the employer complies with section 3203 of Title 8, the injury and illness prevention program rule. The statute also lets the division order an exempt employer to comply anyway.

If your site is open to the public, or you are not sure whether the exemption fits, write the plan anyway. A short plan that you maintain beats an exemption you have to defend. I am not an attorney, and this is not legal advice, so for a decision with real exposure, bring it to someone who is.

How will you know when the standard is final?

Watch two places: Cal/OSHA’s workplace violence page, which will link the final text, and the Standards Board’s monthly meeting agendas, since the board adopts standards at its meetings. Cal/OSHA also offers email notices you can sign up for on its site. Until a final text is adopted and an effective date is published, nothing in a discussion draft changes your obligations. When the board adopts a standard, I will update my plan and log guides with the effective date and what it adds.

Sources

• Labor Code section 6401.9, read October 22, 2026
• Cal/OSHA advisory meetings page for workplace violence prevention in general industry, read October 22, 2026
• Cal/OSHA workplace violence prevention page, read October 22, 2026
• Occupational Health and Safety, August 5, 2026
• J.J. Keller, August 26, 2026

McKinley holds a J.D. but is not a licensed attorney. Articles here are general information, not legal advice. For your specific situation, talk with an employment attorney.