Cal/OSHA Notice on Emergency Regulation for Electronic Submission of Form 300A on Occupational Injuries and Illnesses

Oakland—Cal/OSHA on October 18 issued a notice of emergency regulation that would require certain employers to electronically submit their summary of recordable work-related injuries and illnesses covering calendar year 2017 to federal OSHA by December 31, 2018.

Businesses operating in California that would be required to submit the Cal/OSHA Form 300A online include all employers with 250 or more employees, unless specifically exempted by section 14300.2 of Title 8 of the California Code of Regulations, and employers with 20 to 249 employees in the specific industries listed on page 8 of the emergency regulation’s proposed text.

Cal/OSHA submitted the emergency regulation amending recordkeeping sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations to the Office of Administrative Law (OAL) on October 25. Interested persons have until October 30 to submit comments on the proposed emergency regulation. OAL will have until November 5 to review and adopt or deny the proposed regulation.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). Complaints can also be filed confidentially with Cal/OSHA district offices.

 

ORIGINALLY POSTED BY DIR.CA.GOV

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California July 2018 Labor Law Updates

With ever-changing labor law posting requirements, and with the constant addition of new local ordinances that also require posters, we understand the difficulty in keeping up with the trend. For your convenience, All In One Posters has dedicated a page on our website that lists some of the major additional required notices arranged by state. Some are available for purchase, but most are downloadable at no cost to you. Click on the link below for further details:

http://www.allinoneposters.com/Specific-City-and-Industry-Notices *

*Updated with the latest changes that will take effect July 1st 2018 for certain California localities.

California Immigrant Worker Protection Act (AB 450) Template Now Available

California – Assembly Bill 450, signed by Jerry Brown on October 5, took effect January 1, 2018 and adds new provisions to the Government Code. To help employers comply with the notification and posting requirement, the bill required the Labor Commissioner to create a template by July 1, 2018 and is now available. Click HERE, then click on California to view and download the Notice of Inspection of I-9 Employment Eligibility Verification Forms.

What Employers Need to Know

1.) Beginning January 1, 2018, both public and private employers (and their agents) are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.

2.) The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.

Employers Must Post New Notice on July 1, 2018

3.) Employers will have to post to current employees a notice of inspection of Form I-9 (and any other employment records) by an immigration agency within 72 hours of receiving the federal notice of inspection, in the language the employer normally uses to communicate employment information.

4.) Employers, upon reasonable request, must also provide an affected employee (employees identified by the immigration agency as ones who may lack work authorization) with a copy of the notice of inspection of Form I-9s.

Immigration Inspection Deficiency Notice

5.) After an inspection, employers will have to provide the affected employee and the employee’s authorized representative a copy of the written immigration agency notice (the “Notice of Suspect Documents” or NSD) within 72 hours of receipt, including the result of such inspection if an employee is impacted, and obligations of the employee and employer as a result. This notice must be hand-delivered if possible, otherwise by mail and email, and should contain:

  • A description of any deficiencies identified in the notice;
  • The time period for correcting deficiencies;
  • The time and date of any meeting with the employer to correct deficiencies;
  • Notice that the employee has the right to representation during any meeting scheduled with the employer.

Violation Citation and Fines

6.) The California Labor Commissioner or Attorney General has the exclusive authority to enforce these provisions and can impose penalties of $2,000 up to $5,000 for a first violation, and $5,000 up to $10,000 for each subsequent violation under the law.

For a list of Frequently Asked Questions, visit https://www.dir.ca.gov/dlse/AB_450_QA.pdf