California’s WVPP Annual Review: 7 Records to Pull Before Cal/OSHA Asks
Build the evidence packet that links your plan revision, training roster, and incident log before your second annual cycle closes.
California Labor Code 6401.9 took effect July 1, 2024 and requires the plan to be reviewed at least once a year. Employers that stood up their plan that summer ran the first annual review last year. For many employers that launched or reviewed their plan in spring or early summer, the next California WVPP annual review window is coming back around now.
The statute does not literally use the phrase “proof file.” We do, because Labor Code 6401.9 ties plan review, training, logs, investigations, hazard records, and retention into the same compliance record. If those records do not reconcile in one place, the review may be hard to defend when Cal/OSHA asks for it.
Retention is not uniform: violent incident logs, hazard identification records, and incident investigations run at least five years, while training records run at least one year. Year two falls apart in the same place every time: HR owns training records, the safety lead owns the incident log, and nobody owns the file that connects them. That is the gap our compliance team closes.
Primary source: California Labor Code 6401.9 text.
Takeaway
Labor Code 6401.9 requires a WVPP review at least annually, after any workplace violence incident, and whenever a deficiency becomes apparent.
Training must repeat annually and match each employee’s education level, literacy, and language. It must also cover hazards, avoidance strategies, reporting without fear of reprisal, and an interactive Q&A with someone who knows your plan.
Build your California WVPP annual review evidence file
When your team assigns retraining before reconciling last year’s records, the evidence file starts with a gap. Start with the roster and the log, not the next training module.
Our HR support services team runs this exact sequence so the mismatches surface before Cal/OSHA asks for them.
Scope check
Labor Code 6401.9 applies broadly across employers, employees, places of employment, and employer-provided housing. Confirm exemption status before building the roster.
The statute excludes employees teleworking from a location of their choice not under the employer’s control, healthcare facilities covered by Title 8 section 3342, and worksites with fewer than 10 employees that are not accessible to the public and that comply with Cal/OSHA’s Injury and Illness Prevention Program rule. Certain Department of Corrections facilities and POST-compliant law enforcement agencies are also exempt under separate provisions.
Evidence file: seven records in one packet
Retention split (Labor Code 6401.9)
- Violent incident log: at least 5 years
- Incident investigation records: at least 5 years
- Hazard identification, evaluation, and correction records: at least 5 years
- Training records: at least 1 year
In the second-year reviews we run with California employers, the most common break sits between the roster and the training log. Employees who changed roles or locations after the initial rollout show up with no hazard-specific completion record.
Fix the roster before assigning new training.
Track incidents, corrections, and record requests
The violent incident log is the spine of the second-year review. Every entry must reconcile to four fields in one place: investigation notes, the corrective action assigned, the owner, and the completion date.
If those four cannot be retrieved together in under five minutes, the loop is not closed.
Labor Code 6401.9 also requires the annual review to cover the procedures for active employee involvement, which means suggestions, near-misses, and reported concerns need a home in the same packet.
30-day correction sweep
How VertiSource HR helps close the loop
The second-year review breaks down when the plan, the roster, and the log live in three systems with three owners. If your team is pulling records from separate platforms to assemble the annual packet, we consolidate the workflow so one specialist walks you through the close.
- WVPP evidence-packet build: We reconcile the roster, training log, and incident file into one deliverable before retraining begins.
- Annual review calendar: We set the review date, post-incident triggers, and retraining window on a shared compliance calendar.
- Channel and plan-owner audit: We test every reporting channel and verify the named plan owner before the review meeting.
- Regulatory watch: We flag the final-rule adoption date so next year’s plan revision slots in without resetting this year’s close.
Contact VertiSource HR to schedule your annual review.
Where the proposed rule fits next year
Cal/OSHA posted the April 23, 2026 Revised Draft Standard, with public comments due by June 1, 2026. The Occupational Safety and Health Standards Board must adopt a general industry standard by December 31, 2026, per the statute.
The draft does not replace Labor Code 6401.9 obligations unless and until the Standards Board adopts it through the formal rulemaking process.
Where this helps: run this year’s review and retraining under the current statute. Treat the draft as a watch item for next year’s plan revision.
The draft broadens covered employers and adds definitions, post-incident procedures, and recordkeeping rules that will reshape the evidence packet your full-service HR support team maintains.
Turn this into a repeatable workflow
VertiSource HR builds the evidence packet, sets the annual review calendar, and runs the 30-day correction sweep so your team closes the loop before the next training cycle.
Frequently Asked Questions
What does California’s Labor Code 6401.9 actually require employers to review every year?
At a minimum, the primary statute requires a review of the violent incident log, the procedures for obtaining the active involvement of employees, and the effectiveness of the WVPP itself. Effectiveness means the named plan owner is still correct, reporting channels still work, and emergency and incident-response procedures still match how the worksite actually runs. The review must also fire after any workplace violence incident and whenever a deficiency becomes apparent, not only on the annual date.
Our plan launched in June 2024 and we have not formally re-reviewed it. What do we do first?
Pull the WVPP training completion report and the violent incident log for the last 12 months before you assign anything new. Match the completion report to your current California roster, flag employees with no completion date or a date older than the rollout, and reconcile every log entry to an investigation and a corrective action. Once those two artifacts line up, schedule the annual review meeting, document the review date and the responsible person, and assign retraining against the gaps you found.
Cal/OSHA posted a revised draft on April 23, 2026. Should we wait for the final rule before redoing our plan?
No. The April 23, 2026 Revised Draft Standard accepted public comments through June 1, 2026, but the draft has no force unless and until the Standards Board adopts it through the formal rulemaking process. The statute requires that adoption by December 31, 2026. Current obligations remain grounded in Labor Code 6401.9, so run this year’s annual review and retraining now and treat the draft as a watch item for next year’s plan revision.
Disclaimer: This content is for general informational and educational purposes only and does not constitute legal, tax, accounting, or professional advice. Consult a qualified attorney or licensed advisor before making employment, payroll, or compliance decisions. VertiSource HR disclaims all liability for actions taken or not taken based on this material.