Labor Laws & Cal Osha Regulations

1. Osha Standards: Employers need to be aware of and comply with them. Being aware of OSHA standards is something that employers should be keeping up with because the standards do change from time to time. When it comes to Osha Standards failing to comply can cost you a lot of money. The purpose of this article on Osha Standards is to give you a better idea on what you need to do in order to comply. In this article we want to also give you some pointers like when less is more. So keep reading and you will walk away with a good idea of what you need to be doing when it compliance with the Osha Standards. This Faq will cover the following: ● General areas of compliance with the Osha Standards ● Accident Reporting and the Employer’s Responsibility ● General Questions will also be answered While all of the information in this Faq is accurate to the best of our knowledge, it is not meant to be legal advice. When in doubt consult with a specialist who can do a proper job of fact finding for the specific matter. Q: When does an employer have to implement a formal Illness and Injury Prevention Program aka IIPP? A: An Injury and Illness Prevention Program (IIPP) Is your formally written safety plan. OSHA has established eight standards that every IIPP must comply with. Q:

2. How extensive should my companies IIPP be? A: Each employer’s IIPP should meet the eight Osha Standards, but in this case less is more. The reason we say that is because the enforcement team will hold you responsible for everything you have listed in your IIPP. So if you have safety policies and procedures that you are not following you will be fined, during an inspection or audit. It is also unwise to include in the IIPP any other mandated safety compliance programs, such as HazMat, or HazCom, Heat Illness Prevention Program. Doing that will give either Osha or Cal/OSHA an opportunity to issue multiple citations for a single mess up. Q: What is a Heat Illness Prevention Program (HIPP), and who has to have one? A: Employers who have employees that work in temperatures of 90 degrees or more. It does not matter how many or few employees you have, once the temperatures hit the 90 degree threshold you must comply with the following: ● Providing Shade ● Potable Water ● Training on Heat Illness Prevention ● Cool Down Breaks ● Emergency Medical Transportation if needed Q: What injuries and illnesses do we have to be report to OSHA?

3. A: When an employee suffers a “serious” injury or illness that is job related. This would include broken bones, overnight hospital stay and so on. This must be reported ASAP, but no later than 8 hours from the time the management team became aware of the qualifying event. Below is the definition of a serious injury: “Any injury or illness occurring in a place of employment or in connection with any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement.” The definition does not include injuries and illnesses caused by violations of the Penal Code (except PC section 385 – operating within 6 feet of a high voltage conductor) or an accident on a public street or highway. FYI: Fatalities that occur in the workplace or work related must also be reported! Q: Is it a big deal if I miss the 8 hour deadline? A: Missing the 8 hour deadline is something you don’t want to do. Failing to report a serious injury or illness will result in citation with a $5,000 penalty. If you have missed the deadline there really is no defense. Q: How to I report a serious injury to OSHA?

4. A: Call the nearest OSHA or Cal/OSHA office, if no one answers leave a message. Even if you know it is after hours and no one will answer make the call and leave a message. Do I have to allow a Cal-Osha or OSHA enforcement officer to inspect my facility? A: No. In most cases you don’t, but that is not the wise thing to do since while they will go away, they will be back and back with a warrant. However, forcing the enforcement team to go that route should be done with extreme caution, and only on the advice of an attorney. Q: I have just been notified that I have been fined by OSHA, what can I do? A: Relax, and take a deep breath. You can appeal either an Osha or Cal/OSHA citations. While you can file an appeal you must file that appeal within 15 days. If you miss the 15 day deadline you will lose your appeal. Q: If I call the Occupational Safety and Health Appeals Board does that call stop the clock on the appeal deadline? A: Yes, but it starts another deadline. Formal appeal forms must be filed with the Appeals Board within 10 calendar days of the call. Failure to file these forms properly may result

5. in an employer losing the right to appeal or to challenge certain allegations made in the citations. Q: Do I need an attorney to appeal citations? A: No. But there are lots of reasons why you should be represented by either a competent Safety Consultant or an attorney. Reference Link for Osha Standards  https://www.osha.gov/law­regs.html