Workplace violence prevention is no longer just a best practice, it is now a legal requirement. Statistics confirm the urgency: incidents of workplace violence are on the rise, with more workers reporting that they have either witnessed or been the target of violent behavior. The U.S. Bureau of Labor Statistics also confirms that workplace homicides saw an almost 9% increase from 2021 to 2022. In response to the alarming rise in workplace violence, California legislators have enacted new measures aimed at curbing further escalation.
Effective July 1, 2024, California law requires most employers to implement a Workplace Violence Prevention Plan (WVPP) pursuant to Labor Code §6401.9. The WVPP has five key components:
- The WVPP must be in writing. It should be tailored to their operations and accessible to employees at all times. While the law specifically applies to employees, Boards of Directors of nonprofit organizations would be wise to ensure that regular volunteers are familiar with the WVPP as well, particularly where volunteers play key roles in the operations of the organization.
- Employers must offer annual training on the contents of the plan, including workplace-specific risks and how employees can report incidents or seek help.
- The law requires that employers involve their employees in the development of the plan to help identify safety concerns and shape improvements. Nonprofit employers should exercise particular caution about this, as volunteers frequently perform front-line work and may have critical insight into the risks they face in advancing the organization’s mission. Although the law does not require employers to include volunteers in the development of the WVPP, it may be prudent to include such voices in the discussion, depending on the organization’s work.
- Employers must maintain a violent incident log documenting every instance of workplace violence, including investigations and responses.
- The WVPP must be reviewed at least once a year and after any workplace violence incident or discovery of a deficiency. Nonprofit Boards and leadership teams should prioritize regular review cycles, even if resources are limited, to remain in compliance. We strongly recommend incorporating review of the WVPP into the annual meeting agenda for all nonprofit organizations.
The requirements for the WVPP apply generally, even to nonprofit organizations. However, there are exemptions for certain healthcare facilities, law enforcement agencies, department of corrections facilities, employees who work remotely at a location they choose, and employers with fewer than 10 employees present at any given time.
Nonprofit employers who are required to implement a WVPP must be prepared to allocate time and resources to the development, implementation, and maintenance of the plan. For organizations serving the public, operating community centers, or managing high-traffic programs, the risks of workplace violence can be significant. Ultimately, while compliance requires effort, the law also offers nonprofits an opportunity to strengthen trust among employees, volunteers, and the communities they serve by demonstrating a clear commitment to safety.
Cal/OSHA is considering additional workplace violence prevention measures, which could take effect as early as 2026. These potential changes include:
- Mandatory trauma counseling
- Redefined terms expanding employer responsibilities for physical workspaces
- Minimum staffing level requirements
- Provision of security personnel
- Confidentiality requirements for reporting incidents
- A broader definition of what constitutes a “workplace hazard”
This area of the law is new and rapidly evolving to address a serious concern for employees facing an increasing threat of violence in their workplaces. Nonprofit employers are not exempt from these requirements generally and should act immediately to adopt a Workplace Violence Prevention Plan if one is not already in place.
Need some assistance in implementing your own Workplace Violence Prevention Plan? At the Church Law Center, we can help guide you in the process and ensure continued compliance.
