Safety and health program - California

In California, every employer has a legal obligation to provide and maintain a safe and healthful workplace for employees, according to the California Occupational Safety and Health Act of 1973. As of 1991, a written, effective Injury and Illness Prevention Program (IIPP) is required for every California employer. This plan is also referred to as SB 198, which is the Senate Bill under which the regulation was developed. Click the links below to view the applicable requirements.

Safety and health program

Citations

Federal: Section 5(a)(1) of the OSH Act

State: Title 8, Section 3203, Injury and Illness Prevention Program - General Industry

Title 8, Section 1509 Injury and Illness Prevention Program - Construction

The IIPP regulatory requirements for general industry applies to all California employers, although there is an exception under 3203(a) for employers having fewer than 10 employees regarding the system of communication used to convey safety and health matters. Specifically, employers with fewer than 10 employees are permitted to communicate to and instruct employees orally in general safe work practices with specific instructions for hazards unique to the employees’ job assignments instead of using other systems of communication. This exception, however, has nothing to do with the requirement to have a written plan, which all California employers must have.

California has a similar requirement for construction work. This section refers to the general industry standard, but contains additional requirements. For example, it requires that supervisors conduct “toolbox” or “tailgate” safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety.

The IIPP must include procedures for identifying and evaluating work place hazards, including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections must be made to identify and evaluate hazards:

• When the Program is first established;
• Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and
• Whenever the employer is made aware of a new or previously unrecognized hazard.

The employer must retain records of scheduled and periodic inspections for at least one year. Again, there is an exception for employers with fewer than 10 employees, which allows them to maintain the inspection records only until the hazard is corrected.

Certain exceptions are provided for various portions of the regulation based on number of employees and the Workers’ Compensation Experience Modification Rate.