AB 2895: Employee safety: injury prevention programs.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-02
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. The Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, bill, commencing July 1, 2017, would require an employer to keep a complete, updated copy of the written injury prevention program at each worksite with 3 or more employees and to make it available to any employee upon oral request. The bill would require the worksite copy to be in English and in the language spoken by the majority of the employees at the worksite, as specified. The bill would also require an employer to inform each employee and each new hire of the availability of, and of the employees rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified.
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This bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would make a violation of this requirement an infraction. The bill would entitle an employee to injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program and has failed to comply with the employees subsequent written demand for compliance unless the division has cited the employer for failing to comply before the employee undertakes the action seeking injunctive relief.
Because this bill creates a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of the written injury prevention program at each worksite and to make it available to any employee upon oral request. The bill would also require an employer to inform each employee and each new hire of the availability of, and of the employees rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified.
The bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would make a violation of this requirement an infraction. The bill would entitle an employee to recover a penalty in a civil action for failure by injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program and has failed to comply with the employees subsequent written demand for compliance with this requirement unless the division has cited the employer for failing to comply before the employee undertakes to recover the penalty. the action seeking injunctive relief.
Because this bill creates a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of the written injury prevention program at each worksite and to make it available to any employee upon oral request. The bill would also require an employer to provide inform each employee and each new hire of the availability of, and of the employees rights with respect to inspecting and receiving, a copy of the written injury prevention program, or a summary thereof, to each employee and each new hire, as specified.
The bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would make a violation of this requirement an infraction and infraction. The bill would impose entitle an employee to recover a civil penalty in a civil action for failure by an employer to comply with the employees written demand for compliance with this requirement. requirement unless the division has cited the employer for failing to comply before the employee undertakes to recover the penalty.
Because this bill creates a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of the written injury prevention program at each worksite and to make it available to any employee upon oral request. The bill would also require an employer to provide a copy of the written injury prevention program, or a summary thereof, to each employee and each new hire, as specified.
The bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would make a violation of this requirement an infraction and would impose a civil penalty for failure by an employer to comply with this requirement.
Because this bill creates a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of specified records relating to the written injury prevention program at each worksite and to make them, or a summary thereof, it available to any employee upon oral request. The bill would also require an employer to provide a copy of the records, written injury prevention program, or a summary thereof, to each employee and each new hire, as specified. The bill would make a violation of certain of these provisions an infraction and would impose civil penalties for certain violations.
The bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would make a violation of this requirement an infraction and would impose a civil penalty for failure by an employer to comply with this requirement.
Because a violation of these provisions would be a crime under certain circumstances, this bill creates a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime.
The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of specified records relating to the injury prevention program at each worksite and to make them, or a summary thereof, available to any employee upon oral request. The bill would also require an employer to provide a copy of the records, or a summary thereof, to each employee and each new hire, as specified. The bill would make a violation of certain of these provisions an infraction and would impose civil penalties for certain violations.
Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the written injury prevention program referred to in subdivision (a) at each worksite, worksite with three or more employees, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Commencing July 1, 2017, an employer shall inform each current employee, and, after the operative date of this section, each new employee at the time of hire, in a language understood by the employee, that the employer has a complete copy of the written injury prevention program referred to in subdivision (a) at the worksite; that the employee has a right to inspect it; and that the employee or his or her authorized representative has a right to submit a written request to receive a complete copy of the written injury prevention program referred to in subdivision (a) within five business days at no charge.
(3)An employer who receives a written request for a complete copy of the written injury prevention program referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the written injury prevention program shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the written injury prevention program referred to in subdivision (a).
(4)An employee is entitled to injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program pursuant to paragraph (3) and has failed to comply with a subsequent written demand from the employee that the employer comply with paragraph (3), provided that the division has not cited the employer for a failure to comply with paragraph (3) prior to the employee undertaking the action seeking injunctive relief.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the written injury prevention program referred to in subdivision (a) at each worksite, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Commencing July 1, 2017, an employer shall inform each current employee, and, after the operative date of this section, each new employee at the time of hire, in a language understood by the employee, that the employer has a complete copy of the written injury prevention program referred to in subdivision (a) at the worksite; that the employee has a right to inspect it; and that the employee or his or her authorized representative has a right to submit a written request to receive a complete copy of the written injury prevention program referred to in subdivision (a) within five business days at no charge.
(3)An employer who receives a written request for a complete copy of the written injury prevention program referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the written injury prevention program shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the written injury prevention program referred to in subdivision (a).
(4)A failure by an employer An employee is entitled to injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program pursuant to paragraph (3) and has failed to comply with a subsequent written demand from the employee that the employer comply with paragraph (3) entitles an employee to recover in a civil action a seven-hundred-fifty-dollar ($750) penalty from the employer, (3), provided that the division has not cited the employer for a failure to comply with paragraph (3) prior to the employee undertaking a civil the action to recover the penalty. seeking injunctive relief.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the written injury prevention program referred to in subdivision (a) at each worksite, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Upon the operative date of this section, Commencing July 1, 2017, an employer shall provide a complete copy of the written injury prevention program referred to in subdivision (a) to inform each current employee, and, after the operative date of this section, an employer shall provide a complete copy of the written injury prevention program to each new employee at the time of hire. The copy of the written injury prevention program shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the written injury prevention program shall be provided with a copy in the language spoken by the majority of the employees at the worksite. If the written injury prevention program referred to in subdivision (a) exceeds a total of 50 pages, the employer, in lieu of providing a copy as required under this paragraph, shall provide a complete summary that addresses the requirements referred to in subdivision (a), which shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the written injury prevention program shall be provided with a summary that is in the language spoken by the majority of the employees at the worksite. hire, in a language understood by the employee, that the employer has a complete copy of the written injury prevention program referred to in subdivision (a) at the worksite; that the employee has a right to inspect it; and that the employee or his or her authorized representative has a right to submit a written request to receive a complete copy of the written injury prevention program referred to in subdivision (a) within five business days at no charge.
(3)An employer who receives a written request for a complete copy of the written injury prevention program referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the written injury prevention program shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the written injury prevention program referred to in subdivision (a).
(4)A failure by an employer to comply with a written demand from the employee that the employer comply with paragraph (3) entitles an employee to recover in a civil action a seven-hundred-fifty-dollar ($750) penalty from the employer. employer, provided that the division has not cited the employer for a failure to comply with paragraph (3) prior to the employee undertaking a civil action to recover the penalty.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), (d), and (e). (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the written injury prevention program referred to in subdivision (a) at each worksite, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Upon the operative date of this section, an employer shall provide a complete copy of the written injury prevention program referred to in subdivision (a) to each current employee, and, after the operative date of this section, an employer shall provide a complete copy of the written injury prevention program to each new employee at the time of hire. The copy of the written injury prevention program shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the written injury prevention program shall be provided with a copy in the language spoken by the majority of the employees at the worksite. If the written injury prevention program referred to in subdivision (a) exceeds a total of 50 pages, the employer, in lieu of providing a copy as required under this paragraph, shall provide a complete summary that addresses the requirements referred to in subdivision (a), which shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the written injury prevention program shall be provided with a summary that is in the language spoken by the majority of the employees at the worksite.
(3)An employer who receives a written request for a complete copy of the written injury prevention program referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the written injury prevention program shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the written injury prevention program referred to in subdivision (a).
(4)A failure by an employer to comply with paragraph (3) entitles an employee to recover a seven-hundred-fifty-dollar ($750) penalty from the employer.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), (d), and (e). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c) (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the records written injury prevention program referred to in subdivision (a) at each worksite, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Upon the operative date of this section, an employer shall provide a complete copy of the records written injury prevention program referred to in subdivision (a) to each current employee, and, after the operative date of this section, an employer shall provide a complete copy of those records the written injury prevention program to each new employee at the time of hire. The copy of the records written injury prevention program shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the records written injury prevention program shall be provided with a copy in the language spoken by the majority of the employees at the worksite. If the records written injury prevention program referred to in subdivision (a) exceed exceeds a total of 50 pages, the employer, in lieu of providing a copy as required under this paragraph, shall provide a complete summary that addresses the requirements referred to in subdivision (a), which shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the records written injury prevention program shall be provided with a summary that is in the language spoken by the majority of the employees at the worksite.
(3)An employer who receives a written request for a complete copy of the records written injury prevention program referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the records written injury prevention program shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the records written injury prevention program referred to in subdivision (a).
(4)A failure by an employer to comply with this subdivision, paragraph (3) entitles an employee to recover a seven-hundred-fifty-dollar ($750) penalty from the employer for each violation. employer.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), (d), and (e). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c) except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f)The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(h)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(i)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(j)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(l)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(m)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 2.Section 6401.7 is added to the Labor Code, to read:6401.7.(a)Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (f), and shall include, but not be limited to, the following elements:
(1)Identification of the person or persons responsible for implementing the program.
(2)The employers system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3)The employers methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4)An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employees job assignment.
(5)The employers system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
(6)The employers system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b)The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c)The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employers employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employees job duties.
(d)The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employees job duties.
(e)(1)An employer shall keep an up-to-date complete copy of the records referred to in subdivision (a) at each worksite, and shall make it available for inspection by any current employee or by the division upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
(2)Upon the operative date of this section, an employer shall provide a complete copy of the records referred to in subdivision (a) to each current employee, and, after the operative date of this section, an employer shall provide a complete copy of those records to each new employee at the time of hire. The copy of the records shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the records shall be provided with a copy in the language spoken by the majority of the employees at the worksite. If the records referred to in subdivision (a) exceed a total of 50 pages, the employer, in lieu of providing a copy as required under this paragraph, shall provide a complete summary that addresses the requirements referred to in subdivision (a), which shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee who requests a copy of the records shall be provided with a summary that is in the language spoken by the majority of the employees at the worksite.
(3)An employer who receives a written request for a complete copy of the records referred to in subdivision (a) from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request pursuant to this paragraph is received. The copy of the records shall be provided to the current employee, or to his or her authorized representative, at no cost. An employer may designate the person to whom a request under this paragraph is to be made. A violation of this paragraph is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this paragraph. For purposes of this paragraph, an authorized representative means a person authorized in writing by a current employee to receive a copy of the records referred to in subdivision (a).
(4)A failure by an employer to comply with this subdivision, entitles an employee to recover a seven-hundred-fifty-dollar ($750) penalty from the employer for each violation.
(f)(1)The standards board shall adopt a standard setting forth the employers duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), (d), and (e). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employers injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards.
(2)Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employers duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c) except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d).
(3)(A)The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the designated list of high hazard industries shall be the list established pursuant to this paragraph.
(B)For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4)For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(g)The standard adopted pursuant to subdivision (f) shall specifically permit employer and employee occupational safety and health committees to be included in the employers injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following:
(1)Review of the employers periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations.
(2)(A)Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
(B)If an employers occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(h)The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
(i)The employers injury prevention program, as required by this section, shall cover all of the employers employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job.
(j)When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agencys injury prevention program.
(k)(1)The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employers adoption and implementation of the model program.
(2)For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 6067), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3)The division shall prepare a Model Injury and Illness Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(l)With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply.
(m)Every workers compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insureds specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
(n)This section shall become operative on July 1, 2017.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jun 1, 2016 | Read second time. Ordered to third reading. |
| Aug 22, 2016 | Ordered to inactive file at the request of Senator Lara. |
| Aug 2, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended. |
| Jun 22, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 22). Re-referred to Com. on APPR. |
| Jun 14, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R. |
| Jun 9, 2016 | Referred to Com. on L. & I.R. |
| Jun 6, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 30.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 30. Page 5248.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. |
| Mar 1, 2016 | Read first time. To print. |
| May 31, 2016 | Read second time and amended. Ordered returned to second reading. |
| May 27, 2016 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 6.) (May 27). |
| May 11, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR. |
| Apr 14, 2016 | Re-referred to Com. on L. & E. |
| Apr 13, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Apr 7, 2016 | Re-referred to Com. on L. & E. |
| Apr 6, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Mar 28, 2016 | Referred to Com. on L. & E. |
| Mar 2, 2016 | From printer. May be heard in committee April 1. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 22, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| Jun 2, 2016 | AB 2895 HERNÁNDEZ Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Petroleum and Convenience Store Association | ** Against | Jun 22, 2016 |
| Associated Builders And Contractors Of California | ** Against | Jun 22, 2016 |
| Associated General Contractors | ** Against | Jun 22, 2016 |
| California Apartment Association | ** Against | Jun 22, 2016 |
| California Association of Health Services at Home | ** Against | Jun 22, 2016 |
| California Attractions And Parks Association | ** Against | Jun 22, 2016 |
| California Chamber Of Commerce | * Indeterminate | Jun 22, 2016 |
| California Chamber Of Commerce | * Against | Jun 22, 2016 |
| California Construction And Industrial Materials Association | ** Against | Jun 22, 2016 |
| California Cotton Ginners Association | ** Against | Jun 22, 2016 |
| California Cotton Growers Association | ** Against | Jun 22, 2016 |
| California Farm Bureau Federation | * Indeterminate | Jun 22, 2016 |
| California Farm Bureau Federation | * Against | Jun 22, 2016 |
| California Framing Contractors Association | ** Against | Jun 22, 2016 |
| California Grocers Association | ** Against | Jun 22, 2016 |
| California Labor Federation, Afl-Cio | * Indeterminate | Jun 22, 2016 |
| California League of Food Processors | ** Against | Jun 22, 2016 |
| California Professional Association Of Specialty Contractors | ** Against | Jun 22, 2016 |
| California Retailers Association | ** Against | Jun 22, 2016 |
| California Rural Legal Assistance Foundation, Inc. | * Support | Jun 22, 2016 |
| California Rural Legal Assistance Foundation, Inc. | * Indeterminate | Jun 22, 2016 |
| Centro Legal de la Raza | ** Support | Jun 22, 2016 |
| Family Business Association of California | ** Against | Jun 22, 2016 |
| National Employment Law Project | ** Support | Jun 22, 2016 |
| National Federation Of Independent Business | ** Against | Jun 22, 2016 |
| Public Agency Safety Management Association | ** Against | Jun 22, 2016 |
| Residential Contractors Association | ** Against | Jun 22, 2016 |
| SCIU | * Indeterminate | Jun 22, 2016 |
| SoCalCOSH | ** Support | Jun 2, 2016 |
| Southern California Coalition for Occupational Safety and Health | ** Support | Jun 22, 2016 |
| Southwest California Legislative Council | ** Against | Jun 22, 2016 |
| State Building & Construction Trades Council Of California | * Indeterminate | Jun 22, 2016 |
| United Farm Workers | ** Support | Jun 22, 2016 |
| Walter & Prince, LLP | ** Against | Jun 22, 2016 |
| Western Agricultural Processors Association | ** Against | Jun 22, 2016 |
| Western Carwash Association | ** Against | Jun 22, 2016 |
| Western Growers Association | ** Against | Jun 22, 2016 |
| Worksafe | ** Support | Jun 22, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2895
:
SENATE LABOR & IND. REL. COMMITTEE: 4-1, 6/22/16
AYES: Mendoza, Jackson, Leno, Mitchell
NOES: Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 44-30, 6/2/16 - See last page for vote
SOURCE: California Rural Legal Assistance Foundation
DIGEST: This bill requires, commencing July 1, 2017, an employer to keep a complete, updated copy of the currently required written injury prevention program at each worksite with three or more employees and to make it available for inspection by any employee or by the Division of Occupational Safety and Health upon oral request. This bill also requires an employer to inform each employee and each new hire of the availability of, and of the employee’s rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified. Additionally, an employer that receives a written request for a copy of the injury prevention program must comply within a specified timeframe or entitle the employee to injunctive relief, as specified.
Existing law:
- Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
- Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP).
- Provides that the IIPP shall be written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
- Identification of the person or persons responsible for implementing the program.
- A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
- The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
- An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
- The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
This bill:
- Requires employers to keep an up-to-date complete copy of the written IIPP at each worksite with three or more employees, and make it available for inspection by any current employee or by DOSH (Cal/OSHA) upon an oral request.
- Requires that the worksite copy be in English, and, if the language spoken by the majority of the employees is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
- Requires employers to inform each current employee and each new employee at the time of hire, in a language understood by the employee, of the following:
- That the employer has a complete copy of the written IIPP at the worksite;
- That the employee has a right to inspect the IIPP; and
- That the employee or his/her authorized representative has a right to submit a written request to receive a complete copy of the IIPP.
- Requires employers who receive a written request for a copy of the IIPP from a current employee, or his/her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date of the request and to provide it at no cost.
- Provides that an employee is entitled to injunctive relief if an employer has not timely responded to a written request and has failed to comply with a subsequent written demand from the employee, provided that DOSH has not already cited the employer for failure to comply.
- Provides that these requirements shall be effective on July 1, 2017.
Background
An IIPP is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:
- Responsibility
- Compliance
- Communication
- Hazard Assessment
- Accident/Exposure Investigation
- Hazard Correction
- Training and Instruction
- Recordkeeping
According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.
Comments
Need for this bill. According to a 2012 OSHA white paper, “The literature on injury and illness prevention programs also includes numerous studies that attempt to identify the critical success features associated with superior health and safety performance. Gallagher (2001) concludes that management commitment and employee involvement are the keys to program success: “[R]ecurring findings across these studies were the critical role played by senior managers in successful health and safety management systems, and the importance of effective communication, employee involvement and consultation.” (IIPPs, OSHA, U.S. Department of Labor)
In November 19, 2015, the Assembly Labor and Employment Committee conducted an informational hearing entitled, "Latino Worker Health and Safety Issues: Exploring Causes and Potential Solutions." Among other things, the hearing sought to explore some of the challenges experienced by Latino workers in greater detail, and to identify policy and other recommendations to address these concerns and improve workplace health and safety for workers. Several witnesses at the hearing testified that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment.
According to the author, IIPPs have been proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations. In an effort to enhance California’s existing IIPP requirements and to address the proven benefit of employee involvement in the success of IIPP implementation, this bill requires employers to provide employees with access to the written IIPPs at the worksite in English and in the language spoken by the majority of the employees.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local: No
California Rural Legal Assistance Foundation (source)
California Labor Federation
Centro Legal de la Raza
National Employment Law Project
Service Employees International Union
Southern California Coalition for Occupational Safety and Health
The United Farm Workers
WORKSAFE
American Petroleum and Convenience Store Association
Associated Builders and Contractors of California
Associated General Contractors
California Apartment Association
California Association for Health Services at Home
California Attractions and Parks Association
California Chamber of Commerce
California Construction and Industrial Materials Association
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Framing Contractors Association
California Grocers Association
California League of Food Processors
California Manufacturers & Technology Association
California Professional Association of Specialty Contractors
California Retailers Association
Family Business Association of California
National Federation of Independent Business
Public Agency Safety Management Association
Residential Contractors Association
Southwest California Legislative Council
T.R. Jacob & Associates, LLC
Walter & Prince, LLP
Western Agricultural Processors Association
Western Carwash Association
Western Growers Association
ARGUMENTS IN SUPPORT: According to the author, California’s DOSH has been aggressive and pro-active in helping employers understand and comply with existing requirements regarding the IIPPs. Unfortunately, the author notes, there is still a high number of injury and deaths, especially among low-wage Latino immigrant workers, due in part to a lack of knowledge and understanding of occupational safety due to language barriers.
Proponents argue that current IIPP law does not provide non-English speaking workers with a meaningful ‘right to know’ hazards at any given worksite because employers are not even required to have IIPPs at worksites, and there is no requirement that the IIPP be in any other language even if a majority of the workers speak a language other than English. The sponsors argue that this bill addresses several of the important ways that California’s IIPP law has failed to keep pace with the changing realities of the workplace--particularly with respect to language barriers--by giving them access to potentially key information at the work site and when they are hired. The sponsor notes that this bill goes into effect on July 1, 2017, which will give both employers and Cal/OSHA ample time to come into compliance with the modest new requirements established by the bill.
Finally, proponents note that the injunctive relief provisions in the bill are drawn from two existing statutes which provide for a worker’s right to seek injunctive relief to compel compliance if his/her employer fails to: 1) provide copies of itemized pay stubs, and 2) provide copies of personnel records. They note that neither provision has been associated with abuse by workers.
ARGUMENTS IN OPPOSITION: Opponents, including the California Chamber of Commerce, are opposed to this this bill because they believe it creates an unprecedented departure from exclusive Cal/OSHA enforcement of safety regulations, open ended liability to employers for a new crime, plus exposure to injunctive action for a new paperwork violation that presents no risk of injury or harm to employees. Furthermore, they argue that a need for the bill has not been demonstrated. Opponents also state that an electronic or written copy of the program available upon request should suffice whether or not the copy is in written form at the location.
According to opponents, the bill creates a new requirement on employers to inform employees of this new right to inspect the IIPP that could easily and most appropriately be placed into existing opportunities to inform new employees regarding the IIPP. Furthermore, they argue that the program is not required to be written in multiple languages because its intent is to provide Cal/OSHA and the employer to review and ascertain whether or not the program has been properly implemented in the workplace. They state that its purpose is not to inform the employee of its content. Programs and training derived from the IIPP are required to be in languages understood by the employees.
Furthermore, opponents argue that the provisions of this bill are overly burdensome and punitive, particularly in light of the fact that this information will be of no use to employees because it consists primarily of the operational and logistical details of the employer’s plan. A failure of the employer to provide the written copy of the program upon written request would be subject to Cal/OSHA enforcement and a citation, or injunctive relief which requires the employer to appear in court which is unprecedented for enforcement of a Cal/OSHA violation. According to opponents, creating a new enforcement scheme to provide employer’s documentation to employees and their representative for a violation that does not create a hazard or harm to the employee, nor has a demonstrated need sets a public policy precedent which is unnecessary.
ASSEMBLY FLOOR: 44-30, 6/2/16
AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh, Dodd, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooley, Dahle, Frazier, Gallagher, Gray, Grove, Harper, Irwin, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Daly, Eggman, Beth Gaines, Hadley, Jones, Nazarian
8/3/16 19:11:10
**** END ****
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 2895 Hearing Date: June 22, 2016
Author: | Roger Hernández | ||
Version: | June 14, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
Subject: Employee safety: injury prevention programs
KEY ISSUES
Should the Legislature require employers to provide their employees with access to the businesses written Injury and Illness Prevention Program (IIPP) at the worksite?
Should the Legislature require that the worksite copy be in English and in the language spoken by the majority of the employees at the worksite?
Should an employer failure to provide access to the IIPP be classified as an infraction and entitle employees denied access to injunctive relief?
ANALYSIS
Existing law:
- Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
- Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP).
- Provides that the IIPP shall be written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
- Identification of the person or persons responsible for implementing the program.
- A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
- The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
- An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
- The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
This Bill would require employers to provide employees with access to the written Injury and Illness Prevention Programs, as specified.
Specifically, this bill would:
- Require employers to keep an up-to-date complete copy of the written IIPP at each worksite, and make it available for inspection by any current employee or by the Division of Occupational Safety and Health (Cal/OSHA) upon an oral request.
- Require that the worksite copy be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
- Require employers to inform each current employee and each new employee at the time of hire, in a language understood by the employee, of the following:
- That the employer has a complete copy of the written IIPP at the worksite;
- That the employee has a right to inspect the IIPP;
- That the employee or his/her authorized representative has a right to submit a written request to receive a complete copy of the IIPP.
- Require employers who receive a written request for a copy of the IIPP from a current employee, or his/her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date of the request and to provide it at no cost to the employee or authorized representative.
- Provide that failure by an employer to comply with a written request for a copy of the IIPP is an infraction.
- Provide that an employee is entitled to injunctive relief if an employer has not timely responded to a written request and has failed to comply with a subsequent written demand from the employee, provided that the Division of Occupational Safety and Health has not already cited the employer for failure to comply.
- Provides that these requirements shall be effective on July 1, 2017.
COMMENTS
1. Background on Injury and Illness Prevention Programs (IIPPs):
An injury or illness prevention program (IIPP) is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:
- Responsibility
- Compliance
- Communication
- Hazard Assessment
- Accident/Exposure Investigation
- Hazard Correction
- Training and Instruction
- Recordkeeping
According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.
The following three sample model IIPPs are available to employers from Cal/OSHA:
- CS 1A: Workplace Injury and Illness Prevention Model Program for High Hazard Employers
- CS 1B: Workplace Injury and Illness Prevention Model Program for Non-High Hazard Employers
- CS 1C: Workplace Injury and Illness Prevention Model Program for Employers with Intermittent Workers
There are no requirements to use these model programs. However, any employer in an industry which has been determined by Cal/ OSHA as being non-high hazard and who adopts, posts, and implements the Workplace Injury and Illness Prevention Model Program for Non-High Hazard Employers in good faith is not subject to assessment of a civil penalty for a first violation of the requirement to maintain an IIPP.
2. Need for this bill?
According to a 2012 Occupational Safety and Health Administration white paper, “The literature on injury and illness prevention programs also includes numerous studies that attempt to identify the critical success features associated with superior health and safety performance. Gallagher (2001) concludes that management commitment and employee involvement are the keys to program success: “[R]ecurring findings across these studies were the critical role played by senior managers in successful health and safety management systems, and the importance of effective communication, employee involvement and consultation.” (Injury and Illness Prevention Programs, OSHA, U.S. Department of Labor)
In November 19, 2015, the Assembly Labor and Employment Committee conducted an informational hearing entitled, "Latino Worker Health and Safety Issues: Exploring Causes and Potential Solutions." Among other things, the hearing sought to explore some of the challenges experienced by Latino workers in greater detail, and to identify policy and other recommendations to address these concerns and improve workplace health and safety for workers. Several witnesses at the hearing testified that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment.
Injury and Illness Prevention Programs have been proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations. In an effort to enhance California’s existing IIPP requirements and to address the proven benefit of employee involvement in the success of IIPP implementation, this bill would require employers to provide employees with access to the written Injury and Illness Prevention Programs at the worksite in English and in the language spoken by the majority of the employees.
3. Proponent Arguments:
According to the author, California’s Division of Occupational Safety and Health has been aggressive and pro-active in helping employers understand and comply with existing requirements regarding the IIPPs. Among other things, Cal/OSHA has engaged in extensive outreach and training of employers, including offering free consultations, creating a manual for employers, as well as on-line templates (“E-Tool”) that allow employers to quickly fashion their own IIPPs. Unfortunately, the author notes, there is still a high number of injury and deaths, especially among low-wage Latino immigrant workers, due in part to a lack of knowledge and understanding of occupational safety due to language barriers.
Proponents argue that current IIPP law does not provide non-English speaking workers with a meaningful ‘right to know’ hazards at any given worksite because employers are not even required to have IIPPs at worksites, and there is no requirement that the IIPP be in any other language even if a majority of the workers speak a language other than English. The sponsors of the bill, the California Rural Legal Assistance Foundation, this bill addresses several of the important ways that California’s IIPP law has failed to keep pace with the changing realities of the workplace--and particularly with respect to the large number of workers who speak languages other than English--by giving them access to potentially key information at the work site and when they are hired. The sponsor notes that this bill goes into effect on July 1, 2017, which will give both employers and Cal/OSHA ample time to come into compliance with the modest new requirements established by the bill.
Finally, proponents not that the injunctive relief provisions in the bill are drawn from two existing statutes which provide for a worker’s right to seek injunctive relief to compel compliance if his/her employer fails to: 1) provide copies of itemized pay stubs, and 2) provide copies of personnel records. They note that neither provision has been associated with abuse by workers.
4. Opponent Arguments:
Opponents, including the California Chamber of Commerce, are opposed to this this bill because they believe it creates an unprecedented departure from exclusive Cal/OSHA enforcement of safety regulations, open ended liability to employers for a new crime, plus exposure to injunctive action for a new paperwork violation that presents no risk of injury or harm to employees. Furthermore, they argue that a need for the bill has not been demonstrated. Opponents also state that an electronic or written copy of the program available upon request should suffice whether or not the copy is in written form at the location.
According to opponents, the bill creates a new requirement on employers to inform employees of this new right to inspect the IIPP that could easily and most appropriately be placed into existing opportunities to inform new employees regarding the IIPP. Furthermore, they argue that the program is not required to be written in multiple languages because its intent is to provide Cal/OSHA and the employer to review and ascertain whether or not the program has been properly implemented in the workplace. They state that its purpose is not to inform the employee of its content. Programs and training derived from the IIPP are required to be in languages understood by the employees.
Furthermore, opponents argue that the provisions of this bill are overly burdensome and punitive, particularly in light of the fact that this information will be of no use to employees because it consists primarily of the operational and logistical details of the employer’s plan. A failure of the employer to provide the written copy of the program upon written request would be subject to Cal/OSHA enforcement and a citation, or injunctive relief which requires the employer to appear in court which is unprecedented for enforcement of a Cal/OSHA violation. According to opponents, creating a new enforcement scheme to provide employer’s documentation to employees and their representative for a violation that does not create a hazard or harm to the employee, nor has a demonstrated need sets a public policy precedent which is unnecessary.
SUPPORT
California Rural Legal Assistance Foundation (Sponsor)
California Labor Federation
Centro Legal de la Raza
National Employment Law Project
Service Employees International Union
Southern California Coalition for Occupational Safety and Health
United Farm Workers
WORKSAFE
OPPOSITION
American Petroleum and Convenience Store Association
Associated Builders and Contractors of California
Associated General Contractors
California Apartment Association
California Association of Health Services at Home
California Attractions and Parks Association
California Chamber of Commerce
California Construction and Industrial Materials Association
California Cotton Growers Association
California Cotton Ginners Association
California Farm Bureau Federation
California Framing Contractors Association
California Grocers Association
California League of Food Processors
California Manufacturers & Technology Association
California Professional Association of Specialty Contractors
California Retailers Association
Family Business Association of California
National Federation of Independent Business
Public Agency Safety Management Association
Residential Contractors Association
Southwest California Legislative Council
Walter & Prince, LLP
Western Agricultural Processors Association
Western Carwash Association
Western Growers Association
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2895
Author:(Roger Hernández)
As Amended Ver:May 31, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Labor | 5-2 | Roger Hernández, Chu, McCarty, O'Donnell, Thurmond | Patterson, Linder |
Appropriations | 14-6 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:
- Requires an employer to keep an up-to-date complete copy of the written IIPP at each worksite, and make it available for inspection by any current employee or by the Division of Occupational Safety and Health (Cal/OSHA) upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
- Requires an employer to inform current and new employees, in a language understood by the employee, that the employer has a complete copy of the IIPP, that the employee has a right to inspect it, and that the employee or representative has right to submit a written request to receive a copy of the IIPP.
- Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received. The copy of the records shall be provided to the current employee, or to his or her authorized representative, at no cost.
- Provides that a failure by an employer to comply with a written demand that the employer comply with the written request for a copy of the IIPP entitles an employee to recover in a civil action a $750 penalty from the employer, provided that Cal/OSHA has not cited the employer for the violation..
- Provides that these requirements shall be effective on July 1, 2017.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to the Department of Industrial Relations.
COMMENTS: An injury or illness prevention program (IIPP) is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP.
This bill is sponsored by the California Rural Legal Assistance Foundation (CRLAF) who argues that it will amend the current law related to IIPPs to add 'worker right to know' provisions that likely will operate to prevent future workplace injuries, illnesses and deaths, especially among California's vulnerable low-wage and immigrant workers. The bill addresses several issues which are absent in current IIPP law.
CRLAF argues that, in general, the purpose of requiring employers to have an IIPP is to help them to provide better workplace protection for their employees, and to reduce losses resulting from accidents and injuries. However, current IIPP law does not provide non-English speaking workers with a meaningful 'right to know' the hazards at any given worksite because employers are not even required to have IIPPs at worksites, and there is no requirement that the IIPP be in any other language even if a majority of the workers speak a language other than English.
Therefore, this bill addresses several of the important ways that California's IIPP law has failed to keep pace with the changing realities of the workplace--and particularly with respect to the large number of workers who speak languages other than English – by giving them access to potentially key information at the work site and when they are hired. The sponsor notes that this bill goes into effect on July 1, 2017, which will give both employers and Cal/OSHA ample time to come into compliance with the modest new requirements established by the bill.
Opponents, including the California Chamber of Commerce, argue that the information required to be provided will be of no use to employees because it consists primarily of the operational and logistical details of the employer's plan. They contend that the provision of these documents is unnecessary. Employers are required to establish and maintain an IIPP that includes specified information. Moreover, implementation of an IIPP requires employers to provide information to employees at critical times regarding working safely through communication and training.
In addition, opponents argue that Cal/OSHA enforces all Cal/OSHA regulations and has a penalty scheme for violations and that the civil penalty provided in this bill is unnecessary.
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0003092
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2895
Author:(Roger Hernández) – As Amended Ver:April 13, 2016
Policy Committee: | Labor and Employment | Vote: | 5 - 2 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill modifies existing law, to require employers to provide access to written injury and illness prevention programs (IIPPs), starting July 1, 2017. Specifically, this bill:
- Requires an employer to keep an up-to-date complete copy of the written IIPP at each worksite, provide a copy to each current employee and to new employees at the time of hire. Also requires the IIPP be made available for inspection by any current employee or by the Division of Occupational Safety and Health (DOSH) upon an oral request.
- Requires the worksite copy, and copies provided to employees, to be in English, and, if the language spoken by the majority of the employees at the worksite is not English, to also be in the language spoken by the majority of the employees at the worksite. If the written plan exceeds 50 pages, requires the employer to provide a summary.
- Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received. Requires this copy to be provided to the current employee, or to his or her authorized representative, at no cost.
- Provides that a failure by an employer to comply with a written request for a copy of the IIPP entitles an employee to recover a $750 penalty from the employer.
FISCAL EFFECT:
The Department of Industrial Relations estimates initial costs of approximately $940,000 (special funds) and ongoing costs of approximately $890,000 (special funds) for DOSH to enforce recovery of the penalty fees. All other workload is absorbable.
COMMENTS:
- Purpose. This bill, sponsored by the California Rural Legal Assistance Foundation (CRLAF), addresses an issue raised during a November 2015 informational hearing in the Assembly Labor committee regarding Latino worker health and safety issues. Testimony revealed that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment. According to CRLAF, adding "worker right to know" provisions to existing law on IIPPs, particularly in languages spoken by the majority of workers on the site, will likely prevent future workplace injuries, illnesses or deaths. The sponsors also note these requirements would not take effect until July 1, 2017, giving both employers and DOSH time to comply with the requirements established by the bill.
- Background. An injury or illness prevention program (IIPP) is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. DOSH has developed model programs that employers may use. To incentivize use, non-high hazard employers that adopt, post, and implement a model program in good faith, are not subject to assessment of a civil penalty for a first violation of the requirement to maintain an IIPP.
This bill includes a $750 penalty on employers that fail to provide a written copy of their IIPP to an employee. This penalty is similar to the existing law penalty for employers that fail to provide access to payroll records and personnel records. DIR anticipates significant administrative costs to set up a system to track, enforce, collect and disburse fines owed to the employee when employers fail to comply with the requirements of the bill. DOSH currently enforces and assesses penalties on employers who violate health and safety standards however DOSH does not collect penalties directly on behalf of workers that they then need to disburse to them.
- Opposition. Opponents, including the California Chamber of Commerce, contend that the provision of these documents is unnecessary. Implementation of an IIPP requires employers to provide information to employees at critical times regarding working safely through communication and training. Providing a paper copy of the program itself to all employees is simply redundant. The opposition also states concerns with the new penalty imposed by this bill on employers. The opposition states that DOSH enforces all DOSH regulations and has a penalty scheme for violations. The imposition of a new penalty issued outside of the current DOSH enforcement system could create double jeopardy for the employer, with a possible citation and fine from the division as well as a windfall to the employee directly from the employer for a paperwork violation.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
ABPCA Bill Id:AB 2895 (
Author:Roger Hernández) – As Amended Ver:April 13, 2016
SUBJECT: Employee safety: injury prevention programs
SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:
- Requires an employer to keep an up-to-date complete copy of the written IIPP at each worksite, and make it available for inspection by any current employee or by the Division of Occupational Safety and Health (Cal/OSHA) upon an oral request. The worksite copy shall be in English, and, if the language spoken by the majority of the employees at the worksite is not English, the worksite copy shall also be in the language spoken by the majority of the employees at the worksite.
- Requires an employer to provide a complete copy of the written IIPP to each current employee, and to new employees at the time of hire. The copy of the written IIPP shall be in English or, if the language spoken by the majority of the employees at the worksite is not English, an employee shall be provided with a copy in the language spoken by the majority of the employees at the worksite. If the written plan exceeds 50 pages, the employer shall provide a summary.
- Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, shall comply with the request as soon as practicable, but no later than five business days from the date a request is received. The copy of the records shall be provided to the current employee, or to his or her authorized representative, at no cost.
- Provides that a failure by an employer to comply with a written request for a copy of the IIPP entitles an employee to recover a seven-hundred-fifty-dollar ($750) penalty from the employer.
- Provides that these requirements shall be effective on July 1, 2017.
EXISTING LAW:
- Requires employers to establish, implement, and maintain an effective IIPP.
- Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements:
- Identification of the person or persons responsible for implementing the program.
- The employer’s system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
- The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
- An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
- The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
FISCAL EFFECT: Unknown
COMMENTS: An injury or illness prevention program (IIPP) is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:
- Responsibility
- Compliance
- Communication
- Hazard Assessment
- Accident/Exposure Investigation
- Hazard Correction
- Training and Instruction
- Recordkeeping
According to Cal/OSHA, in order to effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training
Three model IIPPs are available from Cal/OSHA. They are:
- CS 1A — Workplace Injury and Illness Prevention Model Program for High Hazard Employers
- CS 1B — Workplace Injury and Illness Prevention Model Program for Non-High Hazard Employers
- CS 1C — Workplace Injury and Illness Prevention Model Program for Employers with Intermittent Workers
There are no requirements to use these model programs. However, any employer in an industry which has been determined by Cal/ OSHA as being non-high hazard and who adopts, posts, and implements the Workplace Injury and Illness Prevention Model Program for Non-High Hazard Employers in good faith is not subject to assessment of a civil penalty for a first violation of the requirement to maintain an IIPP.
On November 19, 2015, this committee conducted an informational hearing entitled, "Latino Worker Health and Safety Issues: Exploring Causes and Potential Solutions." Among other things, the hearing sought to explore some of the challenges experienced by Latino workers in greater detail, and to identify policy and other recommendations to address these concerns and improve workplace health and safety for Latino workers.
Several witnesses at the hearing testified that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment.
Arguments in Support
This bill is sponsored by the California Rural Legal Assistance Foundation (CRLAF) who argues that it will amend the current law related to IIPPs to add ‘worker right to know’ provisions that likely will operate to prevent future workplace injuries, illnesses and deaths, especially among California’s vulnerable low-wage and immigrant workers. The bill addresses several issues which are absent in current IIPP law.
CRLAF argues that, in general, the purpose of requiring employers to have an IIPP is to help them to provide better workplace protection for their employees, and to reduce losses resulting from accidents and injuries. However, current IIPP law does not provide non-English speaking workers with a meaningful ‘right to know’ the hazards at any given worksite because employers are not even required to have IIPPs at worksites, and there is no requirement that the IIPP be in any other language even if a majority of the workers speak a language other than English.
Therefore, this bill addresses several of the important ways that California’s IIPP law has failed to keep pace with the changing realities of the workplace--and particularly with respect to the large number of workers who speak languages other than English--by giving them access to potentially key information at the work site and when they are hired. The sponsor notes that this bill goes into effect on July 1, 2017, which will give both employers and Cal/OSHA ample time to come into compliance with the modest new requirements established by the bill.
Arguments in Opposition
Opponents, including the California Chamber of Commerce, argue that the information required to be provided will be of no use to employees because it consists primarily of the operational and logistical details of the employer’s plan. They contend that the provision of these documents is unnecessary. Employers are required to establish and maintain an IIPP that includes specified information. Moreover, implementation of an IIPP requires employers to provide information to employees at critical times regarding working safely through communication and training. Providing a paper copy of the program itself to all employees is simply redundant. Furthermore, while companies strive to be good “green” citizens, producing massive amounts of paper with little to no benefit is counterproductive to the “green goals” of the state.
In addition, opponents argue that Cal/OSHA enforces all Cal/OSHA regulations and has a penalty scheme for violations. The imposition of a new penalty issued outside of the current Cal/OSHA enforcement system could create double jeopardy for the employer, with a possible citation and fine from the division as well as a windfall to the employee directly from the employer for a paperwork violation.
REGISTERED SUPPORT / OPPOSITION:
Support
California Labor Federation, AFL-CIO
California Rural Legal Assistance Foundation (sponsor)
National Employment Law Project
SoCalCOSH
United Farm Workers
Worksafe
Opposition
Associated Builders and Contractors of California
Associated General Contractors
California Apartment Association
California Association of Health Services at Home
California Attractions and Parks Association
California Chamber of Commerce
California Construction and Industrial Materials Association
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Framing Contractors Association
California Grocers Association
California League of Food Processors
California Manufacturers & Technology Association
California Professional Association of Specialty Contractors
California Retailers Association
Family Business Association of California
National Federation of Independent Business
Public Agency Safety Management Association
Residential Contractors Association
Walter & Prince, LLP
Western Agricultural Processors Association
Western Carwash Association
Western Growers Association
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091
Discussed in Hearing
15MIN
Senate Standing Committee on Labor and Industrial Relations
2MIN
Assembly Floor
Bill Author
Bill Co-Author(s):