Description
California employers are subject to two safety laws that will dramatically affect their practices and policies. SB 198 requires every California employer to adopt, implement, and maintain a written injury and illness prevention program. In addition, the California Corporate Criminal Liability Act also requires managers, high-ranking individuals, and corporations to report certain safety hazards to employees and appropriate government agencies and to correct such hazards in a timely manner. Authored by Sheppard Mullin Attorney Richard J. Simmons, The Employer’s Guide To SB 198 Injury And Illness Prevention Programs discusses the laws from an employer’s perspective. It examines the statutes and regulations and describes the obligations created by both laws. It also provides a sample personnel policy and contains sample illness and injury prevention programs.
Among the numerous topics addressed are the following:
- Sample Injury And Illness Prevention Programs
- Review Of Statutory Rules
- Impact On OSHA
- Training Requirements
- Manager’s Reporting Duties
- Key Requirements Of IIPP
- New Record-Keeping Rules
- Sample Personnel Policies
- Inspector Requirements
- “Be A Manager, Go To Jail” Law
- Safety Committees
Table Of Contents
SECTION 1 INTRODUCTION
1.1 Overview Of The Statutory Mandates
1.2 Employer Coverage
1.3 The Genesis Of The New Safety Standards
1.4 Occupational Safety And Health Act
1.5 CAL/OSHA’s Model Programs And Checklists
SECTION 2 INJURY AND ILLNESS PREVENTION PROGRAMS
2.1 Basic Statutory Obligations
2.2 Additional Requirements
2.3 Occupational Health And Safety Committees
2.4 Hospital Workplace Violence Prevention Plans
2.5 The Regulations
2.6 Record-Keeping Rules
2.7 Labor/Management Safety And Health Committees
2.8 Government Inspection Provisions
SECTION 3 THE CORPORATE CRIMINAL LIABILITY ACT
3.1 Purpose of Legislation
3.2 The Statutory Prohibition
3.3 Statutory Terms
3.4 Limited Criminal Immunity
SECTION 4 WORKPLACE SECURITY AND VIOLENCE PREVENTION
SECTION 5 PRACTICAL CONSIDERATION
APPENDIX A SAMPLE WORKPLACE SAFETY POLICY FOR HANDBOOKS
APPENDIX B DIVISION OF OCCUPATIONAL SAFETY & HEALTH “NONMANDATORY CHECKLIST EVALUATION INJURY & ILLNESS PREVENTION PROGRAMS”
APPENDIX C DIVISION OF OCCUPATIONAL SAFETY & HEALTH CODE OF SAFE PRACTICES
APPENDIX D CAL/OSHA PUBLICATION ENTITLED “GUIDE TO DEVELOPING YOUR WORKPLACE INJURY & ILLNESS PREVENTION PROGRAM” (UPDATED MAY 2011)
APPENDIX E CAL/OSHA MODEL WORKPLACE INJURY & ILLNESS PREVENTION PROGRAM FOR NON-HIGH HAZARD EMPLOYERS (UPDATED APRIL 2018)
APPENDIX F CAL/OSHA MODEL WORKPLACE INJURY & ILLNESS PREVENTION PROGRAM FOR HIGH HAZARD EMPLOYERS (UPDATED APRIL 2018)
APPENDIX G CAL/OSHA MODEL WORKPLACE INJURY & ILLNESS PREVENTION PROGRAM FOR EMPLOYERS WITH INTERMITTENT WORKERS (UPDATED APRIL 2018)
APPENDIX H CAL/OSHA “INJURY & ILLNESS PREVENTION MODEL PROGRAM FOR WORKPLACE SECURITY” (AUGUST 1995)
APPENDIX I ILLNESS AND INJURY PREVENTION PROGRAM (IIPP) ASSESSMENT RESULTS
APPENDIX J CAL/OSHA “WORKER TRAINING AND INSTRUCTION RECORD”
APPENDIX K CAL/OSHA “HAZARD ASSESSMENT CHECKLIST”
APPENDIX L CAL/OSHA “LIST OF TRAINING SUBJECTS”
APPENDIX M CAL/OSHA “SAFETY AND HEALTH PROGRAM ASSESSMENT WORKSHEET”
APPENDIX N CALIFORNIA PENAL CODE SECTION 387
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
