Cal/OSHA Emergency Regulation Approved: Certain Employers Must Electronically Submit Form 300A on Occupational Injuries and Illnesses

News Release No.: 2018-90                                             Date: November 6, 2018

Oakland—Cal/OSHA’s emergency regulations requiring certain employers in California to electronically submit each year their Form 300A summaries of work-related injuries and illnesses to federal OSHA have been approved by the Office of Administrative Law (OAL).

The following employers must submit online the Form 300A covering calendar year 2017 by December 31, 2018:

  • All employers with 250 or more employees, unless specifically exempted by section 2 of Title 8 of the California Code of Regulations.
  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.

Employers described above that are now required to submit their 300A summaries online each year should follow the instructions on federal OSHA’s Injury Tracking Application webpage.

Cal/OSHA will proceed with the formal rulemaking process to make the emergency regulations permanent by submitting the required documentation to OAL. The rulemaking process will include a public comment period and public hearing. The dates for the comment period and public hearing will be posted on Cal/OSHA’s proposed regulation page.

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

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

Safety Summit Held to Reduce Trenching Fatalities

trenchingEvery year, more than 50 workers die in trench-related incidents and thousands more are injured. OSHA and the North American Excavation Shoring Association recently hosted the Colorado Trench Safety Summit to raise awareness of hazards and best practices. More than 500 attendees participated in training and demonstrations, including a mock trench rescue by local first responders. OSHA also shared compliance assistance resources to help keep workers safe from trenching hazards.

Originally posted from DOL.GOV

All In One Poster Company offers a safety poster for Trenching Excavation!!TrenchingSafety-ENG

 

 

Cal/OSHA Produces Fact Sheet, Poster for Preventing Work-Related Injuries to Housekeeping Workers

Oakland—Cal/OSHA has produced a fact sheet and poster to help employers in the hotel and lodging industry comply with a new regulation to prevent work-related injuries suffered by housekeeping workers. The Hotel Housekeeping Musculoskeletal Injury Prevention regulation went into effect July 1 and requires employers to complete an initial worksite evaluation by October 1 to identify and address housekeeping worker hazards.

The Safety and Health Fact Sheet provides an overview of the workplace health and Preventing Musculoskeletal Injuries in Housekeepers postersafety requirements that reduce the risk of musculoskeletal injuries and disorders common among housekeepers. Employers are also encouraged to post the Preventing Musculoskeletal Injuries in Housekeepers poster in a place accessible to all housekeeping workers. The poster includes information on the causes of musculoskeletal injuries, the employer’s responsibility to have an effective program to control the risk of musculoskeletal injuries, and employees’ rights.

“We created these guidance materials to help workers know their rights and employers their responsibilities to comply with this standard,” said Cal/OSHA Chief Juliann Sum. “In addition, Cal/OSHA Consultation Services are available to assist employers and employees who have questions or need more information.”

The employer’s housekeeping safety program must include the following:

  • Procedures to identify and evaluate housekeeping hazards through worksite evaluations
  • Procedures to investigate musculoskeletal injuries to housekeepers
  • Methods to correct identified hazards
  • Employee and supervisor training on safe work practices and on the process for early reporting of injuries to the employer
  • Procedures to involve employees and their union representative in worksite evaluations, injury investigations, and evaluation of corrective measures

A musculoskeletal injury is caused by a single traumatic event, such as slip, trip or fall, or by repeated exposure over weeks, months or years to repetitive motion, force, vibration or awkward positions caused by daily tasks such as lifting heavy furniture and equipment, pulling linens and pushing carts.

In 2012, hotel worker representatives presented a petition to the Occupational Safety and Health Standards Board requesting a new standard to control the hazards faced by hotel housekeepers. Cal/OSHA convened public advisory meetings over a three-year period to gather information, and determined that existing regulations did not adequately address the hazards faced by housekeepers. Dozens of workers spoke at the meetings, sharing their experiences and discussing how their injuries impacted their lives at work and at home.

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.

Hotel and lodging industry employers are encouraged to contact Cal/OSHA’s Consultation Services Branch for free on-site or telephone consultations. Consultation Services assist employers in developing and maintaining workplace safety and health programs pursuant to Cal/OSHA’s regulations. Employers and employees can 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

U.S. Department of Labor Cites Excavating Company Following Fatal Trench Collapse

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited JK Excavating & Utilities Inc. after an employee suffered fatal injuries in a trench collapse. OSHA has proposed penalties of $202,201, and placed the company in its Severe Violator Enforcement Program.

OSHA investigators determined that employees at a residential construction site in Morrow, Ohio, were working in trenches up to 16-feet deep without adequate cave-in protection. OSHA cited the company for failing to use protective systems to prevent a cave-in; implement methods to remove accumulating water; properly use ladders to enter and exit the trench; prevent employees from working beneath a suspended trench box; ensure employees wore hard hats; and make provisions for prompt medical attention in the event of injury.

“A trench can collapse in seconds, burying workers under the weight of thousands of pounds of soil,” said Ken Montgomery, OSHA Cincinnati Area Office Director. “This tragedy was preventable, and could have been avoided if the employer had installed required protective systems to prevent a trench cave-in.”

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.

All In One Poster Company offers the following poster with regards to Trenching.

TrenchingSafety-ENG

Cal/OSHA Reminds Employers to Protect Outdoor Workers from Heat Illness as Temperatures Rise Statewide

AIO Heat Stress 2018 (WordPress blog)

Our California Outdoor Heat Illness Prevention Poster is on sale for the entire Summer of 2018 saving you 15% of our already low prices. Take advantage of this offer now by using coupon code HEAT2018 upon checkout.

Cal/OSHA is reminding all employers to protect their outdoor workers from heat illness and to encourage their workers to take preventative cool-down breaks in the shade as temperatures rise throughout California. The National Weather Service has issued excessive heat warnings for forecasts of triple-digit temperatures through the weekend, starting Thursday, June 21st, in Southern California and beginning Friday in central and northern counties. Summer has officially begun.

“During heat waves, employers must closely observe their employees for signs and symptoms of heat illness,” said Cal/OSHA Chief Juliann Sum. “As always, workers should be encouraged to drink water frequently and take preventative cool-down rest breaks in the shade when they feel the need to do so.”

To help employers comply with the state’s Heat Illness Prevention Regulation, All In One Poster Company has designed a comprehensive poster to supplement the Cal/OSHA standard training requirement and the employer’s Injury and Illness Prevention Program (IIPP), and to serve as a quick reference guide. Remember that displaying posters is a sign of your commitment to safety.

CAHeatStress2015

This poster contains the following information:

  • Steps to Preventing Heat Stress according to Cal/OSHA
  • Symptoms of Heat Exhaustion
  • Symptoms of Heat Stroke
  • What to do for Heat-Related Illness

California’s heat illness prevention regulation requires employers with outdoor workers to take the following four steps to prevent heat illness:

  • Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.
  • Training – Train all employees and supervisors on heat illness prevention.
  • Water – Provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 1 quart per hour, and encourage workers to do so.
  • Shade – Provide shade when workers request it and when temperatures exceed 80 degrees. Encourage workers to take a cool-down rest in the shade for at least five minutes. They should not wait until they feel sick to cool down.

Cal/OSHA urges workers experiencing possible overheating to take a preventative cool-down rest in the shade until symptoms are gone. Workers who have existing health problems or medical conditions that reduce tolerance to heat, such as diabetes, need to be extra vigilant. Some high blood pressure and anti-inflammatory medications can also increase a worker’s risk for heat illness.

In addition to the other requirements outlined in California’s heat illness prevention regulation, it is crucial that supervisors are effectively trained on emergency procedures in case a worker does get sick. This helps ensure sick employees receive treatment immediately and that the symptoms do not develop into a serious illness or death.

Cal/OSHA’s Heat Illness Prevention special emphasis program, the first of its kind in the nation, includes enforcement of heat regulations as well as multilingual outreach and training programs for California’s employers and workers. Online information on heat illness prevention requirements and training materials are available on Cal/OSHA’s Heat Illness Prevention web page and the Water. Rest. Shade. campaign site. A Heat Illness Prevention e-tool is also available on Cal/OSHA’s website.

For indoor workers in California, All In One Posters has also put together a California Indoor Heat Stress Poster seen below. This poster was created in response to a bill that was signed by Governor Brown in which section 6720 was added to SB 1167 to add protection for indoor workers against indoor heat.

All in One Posters - California Heat Illness Prevention for Indoor Working Environments

On-the-job heat exposure is a risk during operations involving high air temperatures, radiant heat sources, high humidity, direct physical contact with hot objects, or strenuous physical activities. Affected workplaces may include foundries, brick-firing and ceramic plants, glass products facilities, rubber products plants, electric utilities, commercial kitchens, laundries, chemical plants, and smelters.

OSHA emphasizes that while thousands of workers become sick each year from occupational heat exposure, the illnesses and deaths that can result are preventable.

All in One Poster Company designed the California Heat Illness Prevention for Indoor Work Environments to address this problem. Our poster contains steps to prevent heat illness, types of heat illnesses and treatments, and steps that both employees and employers can take to address this issue and create a plan of action.

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.

2017 Form 300A Electronic Data Submission Requirement by July 1 2018 Now Applies in All States

Employers in 7 States Lose Exemption

The federal Occupational Safety and Health Administration (OSHA) recently announced that covered establishments in all states—including establishments in California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming—must electronically submit data from their 2017 OSHA Form 300A to OSHA by July 1, 2018. Previously, employers in those seven states were deemed exempt.

As a reminder, the following establishments—if currently required to comply with OSHA’s recordkeeping requirements—are required to electronically submit data from their 2017 Forms 300A to OSHA:

Click here to read the OSHA announcement. To submit your establishment’s data, click here.

Posted by HR360

Cal/OSHA Cites Roofing Contractor for Repeat Fall Hazard Violations

San Diego—Cal/OSHA cited California Premier Roofscapes, Inc. for repeat violations
of fall protection safety orders and proposed $134,454 in penalties. The Escondido based
company was investigated and cited on six different occasions over the past four years for putting its workers at risk of fatal falls.

Cal/OSHA opened the most recent inspection in August of 2017 after receiving a report
that workers were not wearing proper fall protection while installing tiles on the roof of a three-story Chula Vista home. Inspectors found that California Premier Roofscapes
failed to ensure their workers were wearing safety harnesses and other personal fall
protection. Employees were not properly trained on fall protection and roof work
hazards.

  • “California Premier Roofscapes has repeatedly put its workers at risk of potentially
    deadly falls from heights, disregarding basic safety requirements to protect its
    employees,” said Cal/OSHA Chief Juliann Sum.

Cal/OSHA issued citations to California Premier Roofscapes for four violations
including:

  • One repeat-serious violation for failing to ensure that workers were wearing fall
    protection.
  • One repeat general violation for failing to effectively implement and maintain a
    written Injury and Illness Prevention Program.
  • Two general violations for not inspecting equipment prior to each use and inadequate training on fall hazards and protection.

The first inspection with California Premier Roofscapes was opened in October 2014
after Cal/OSHA received a complaint that employees were working on an Irvine roof
with no fall protection. Cal/OSHA inspected a California Premier Roofscapes’ residential
construction site in Azusa the following day after receiving a complaint involving an
unsafe portable ladder. The following month, Cal/OSHA investigated an accident
involving a worker who suffered serious head and knee injuries after falling 15 feet from
a ladder attached to scaffolding at a Carlsbad residential construction site.

In June 2015, Cal/OSHA opened an inspection and cited California Premier Roofscapes
for a repeat serious violation after workers with no fall protection were reported on the
roof of an Irvine construction site. In March of the following year, Cal/OSHA inspected a
report that California Premier Roofscapes’ workers wore harnesses but were not
properly tied off to prevent falls from the roof of a Tustin construction site. California
Premier Roofscapes was cited for two repeat violations, one serious and one general
category.

Falls are the leading cause of death in construction nationwide. In California’s roofing
industry, falls have caused nine deaths and 162 serious injuries since 2014.

A serious violation is cited when there is a realistic possibility that death or serious harm
could result from the actual hazardous condition. A repeat violation is cited when the
employer was previously cited for the same or a very similar violation and the earlier
citation became final within the past 5 years.

All employers in California are required to have an effective written injury and illness
prevention program, a safety program to identify, assess and control hazards in the
workplace. Cal/OSHA has online tools and publications to guide employers on how to
establish an effective safety program. Cal/OSHA’s resources on fall protection include
safety and health factsheets, residential fall protection training and a construction safety
pocket guide.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost
every workplace in California. Cal/OSHA’s Consultation Services Branch provides free
and voluntary assistance to employers to improve their health and safety 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). The California Workers’
Information line at 866-924-9757 provides recorded information in English and Spanish
on a variety of work-related topics. Complaints can also be filed confidentially with
Cal/OSHA district offices.

Source: https://www.dir.ca.gov/DIRNews/2018/2018-28.pdf

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