Complying with California Safety Standards

 

All private-sector employers operating in California are responsible for complying with the state's applicable workplace safety and health laws, overseen and enforced by the California Division of Occupational Safety and Health (Cal/OSHA). Businesses that fail to adhere to California's myriad safety standards and orders can face significant penalties for noncompliance.

The focus of this toolkit is to provide a basic overview of key employer compliance obligations under California occupational safety and health laws and regulations. The toolkit describes the state offices in charge of these laws, employee rights and employer responsibilities, and specific standards certain employers must follow.

Other sections look at enforcement, reporting and record-keeping, and other California laws affecting the workplace or work conditions. Information regarding federal Occupational Safety and Health Act (OSHA) requirements can be found in the SHRM toolkit Introduction to the Human Resources Discipline of Safety and Security.

Business Case

A safe workplace is essential for maintaining workforce morale and staying competitive. The costs of workplace accidents—in terms of lost time and productivity, property damage, health care costs, employee compensation costs, and employee morale—are vast. 

 

 

The significance of knowing and complying with Cal/OSHA Safety Orders that apply to a specific workplace cannot be exaggerated. Complying with the orders is important for the protection of both life and property, and the penalties for noncompliance can be severe. Civil penalties under Cal/OSHA include the following which may increase annually based on the Consumer Price Index:

• General violations: Up to $13,434 per violation.
• Serious violations: Up to $25,000 per violation.
• Willful or repeat violations: Up to $134,334 per violation.
• Failure to abate: Up to $15,000 per day.
• Failure to report serious injury or illness or death of an employee: A minimum penalty of $5,000.

Effective Jan. 1, 2022, Senate Bill 606 creates a rebuttable presumption that employers with multiple worksites have made enterprise-wide workplace safety violations in certain circumstances. An employer with a violation at one worksite may be presumed to have similar violations at other worksites. The law also allows Cal/OSHA to issue a citation to an "egregious" employer for each willful violation. Egregious and enterprise-wide violations include penalties of up to $134,334. 

 

For detailed information on the assessment of civil penalties, see Cal. Code Regs., title 8, section 336.

 

In addition, Cal/OSHA violations can also result in significant criminal penalties against employers and their managers and supervisors. Such penalties can include fines in the millions of dollars and imprisonment, depending on the nature of the violation.

See Safety Manager Charged in Worker's Oven Death.

HR's Role

HR professionals are generally responsible for workplace safety matters such as safety program development, compliance, procedures for protecting trade secrets and general workplace access. See Developing Effective Safety Management Programs.

HR plays a vital role in maintaining the interest of both management and employees in safety, even if the workplace has been engineered for safety, work procedures have been made as safe as possible, and the facility is generally in compliance with Cal/OSHA standards. Collaborating with corporate safety and health officers, HR helps educate employees about the particular hazards posed by their work environment.

HR communicates with employees about policies, procedures and programs to address risks, and HR can help safety and health officers provide or procure training. HR is also generally in charge of the employer's injury and illness prevention programs. HR departments should fully understand the safety law and regulations and work closely with the employer to ensure compliance.

See:

Viewpoint: How to Foster a Culture of Workplace Safety

 

Workers' Attitudes Cited as Biggest Barrier to Safety

Legal Issues

California, with its many state and local laws, has long been viewed as having the most rigorous occupational safety and health program in the country. The state has promulgated thousands of safety and health standards, referred to as "Safety Orders," which frequently address issues more scrupulously than federal OSHA laws and cover areas not typically regulated by federal law.

Effective workplace safety and health compliance in the state of California requires a thorough knowledge of California's specific standards, including how investigations work and how the state requires enhanced penalties for repeated or willful violations. 

Cal/OSHA

The California Occupational Safety and Health Regulations were enacted in 1973. With very limited exceptions, employers in California are obligated to follow Cal/OSHA. California is one of about two dozen states and other jurisdictions with their own health and safety plans, approved by the federal government. Where such plans exist, they take precedence over federal OSHA. 

See OSHA Office of State Programs.

Cal/OSHA covers almost every employer in California and virtually all employees in the state, including those employed by state and local government. There are some exceptions for employers that operate on federal enclaves or federal land. However, those employers would still be subject to federal OSHA requirements. Even employers with just a single employee are covered. 

The Department of Industrial Relations (DIR) within the state's Labor and Workforce Development Agency has primary responsibility for administering the Cal/OSHA program. Major units related to Cal/OSHA are:

• Division of Occupational Safety and Health (DOSH). Enforces worker safety and health standards and offers free compliance training and consultation to employers and their employees.
• Occupational Safety and Health Standards Board. Adopts, amends and repeals standards.
• Occupational Safety and Health Appeals Board. Hears appeals regarding enforcement actions.

The following state offices also support the Cal/OSHA program:

• Division of Labor Standards Enforcement. Protects employees who report hazardous working conditions from being discriminated against in the workplace.
• Division of Labor Statistics and Research. Publishes reports on occupational injuries and illnesses.
• Hazard Evaluation System and Information Service. Evaluates and provides information about toxic substances.

Employee Rights

Employees in California have many rights, including the rights to do the following:

• Receive training from their employers about workplace hazards and employees' rights.
• Receive information on injuries, illnesses and hazardous substances in their workplaces, such as material safety data sheets (MSDS) and exposure records.
• Request action from their employers to correct hazards or violations. 
• File a complaint with Cal/OSHA if a worker believes that either workplace hazards exist or violations of Cal/OSHA standards are taking place.
• Participate in Cal/OSHA's inspection of their workplaces by participating in the walk-around or walk-through.
• Find out the results of a Cal/OSHA inspection.
• Take part in any hearings to discuss employer objections to Cal/OSHA's citations or to discuss changes in abatement deadlines.
• File a formal appeal of deadlines for correction of hazards.
• File a Cal/OSHA discrimination or whistle-blower complaint.
• Request investigation of possible workplace health hazards.
• File a petition for a new standard, or participate in developing new standards.

If an employee in the state of California believes his or her workplace is unsafe or unhealthy, the worker can file a complaint. On a complaint inspection, Cal/OSHA does not reveal the identity of the complainants to the employer. Complainants who identify themselves to Cal/OSHA are notified of the results of an inspection. If Cal/OSHA determines that no violation has occurred, it gives a written notification to the complainant, who can then request a review of this determination.

California Labor Code §6310 prohibits discrimination or retaliation against an employee who alleges an unsafe working condition. This prohibition against retaliation or discrimination applies to complaints made to the employer or the union, as well as to complaints made to Cal/OSHA or another government agency.

See California Provides Extensive Whistle-Blower Protections.

Employer Responsibilities

California Labor Code §6400 provides that every "employer shall furnish employment and a place of employment that are safe and healthful."¹ California Labor Code §6401 requires employers to do everything "reasonably necessary to protect the life, safety, and health of employees."² In addition to these broad obligations, employers covered under Cal/OSHA must do the following:

• Establish, implement and maintain an effective injury and illness prevention program (IIPP).
• Train employees.
• Inspect workplaces to identify and correct unsafe and hazardous conditions.
• Make sure employees have and use safe tools and equipment and properly maintain this equipment.
• Use color codes, posters, labels or signs to warn employees about potential hazards.
• Establish or update operating procedures and communicate those procedures to employees.
• Provide medical examinations and training when required by Cal/OSHA standards.
• Immediately report any serious injury, illness or death of an employee, occurring in a place of employment or in connection with employment. "Immediately" here means "as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known"³ about the incident or death. In extenuating circumstances, employers must report no later than 24 hours after the incident.
• Keep records of work-related injuries and illnesses, unless exempted by the regulations.
• Post, in a prominent location within the workplace, the Cal/OSHA poster, informing employees of their rights and responsibilities.
• Prevent discrimination against employees who exercise their rights under Cal/OSHA.
• Post citations at or near work areas where an accident took place.
• Post a notice prepared by Cal/OSHA after an inspection. See California Labor Code §6318.
  

Employee Responsibilities

Employee responsibilities under Cal/OSHA are far fewer than those imposed on employers. As is the case with federal OSHA provisions, Cal/OSHA generally does not cite nonsupervisory or nonmanagerial employees for violations of their responsibilities; however, each employee must comply with all Cal/OSHA rules, regulations and standards. Employees must follow all lawful employer safety and health rules and regulations and must use all required personal protective equipment while working. See Worker Responsibilities.

Safety Orders

Most employers are covered by Cal/OSHA's General Industry Safety Orders (GISOs). 

Depending on the nature of a particular workplace, numerous industry- and equipment-specific Safety Orders, virtually all of them with multiple subparts, may apply. These vary from employer to employer. When a conflict exists between a specific Safety Order and a GISO, the specific industry Safety Order is usually applied.

There are hundreds of GISOs. Some of the most commonly cited ones cover these topics:

• IIPPs.
• Personal protective equipment.
• Emergency action plans.
• Fire prevention plans.
• Hazard communication.
• Machine guarding.
• Lockout/tagout procedures (for shutting down potentially dangerous machines).
• Industrial trucks.
• Blood-borne pathogens.
• First aid.
• Storage of materials.
• General housekeeping.
• Safe work surfaces, aisles and walkways.

Injury and Illness Prevention

One of the unique components of the Cal/OSHA standards is the requirement for employers to have an IIPP (8 C.C.R. §3203). 

See Injury and Illness Prevention Programs.

Requirements for an IIPP include the following:

• A system to ensure employee compliance.
• A system to communicate with employees on safety and health issues.
• Procedures such as periodic inspections to identify and evaluate workplace hazards.
• Procedures for investigating accidents and exposures.
• Procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner.
• Training for employees and managers on general work practices and hazards specific to particular jobs.
• Written records documenting the IIPP's creation, all training and inspections.

Effective January 1, 2021, employers are required to provide employees with access to the written IIPP within five days of a request.

See California Rule Gives Employees Access to Injury and Illness Prevention Plan.

There is a common misconception that safety committees are required under the IIPP regulation; however, Cal/OSHA does not require safety committees. Although a safety committee can be an effective tool for controlling or reducing workplace hazards and minimizing risks, employers that use safety committees must comply with certain regulations to meet IIPP requirements. Employers must also be careful to comply with National Labor Relations Act requirements for establishing and communicating with safety committees.

Particular Standards

Some  California standards focus on specific areas of which employers should be aware, such as ergonomics and communications. In particular, the state's standard covering heat illness prevention creates numerous responsibilities for employers.

Heat Illness Prevention Standard

 

California became the first state in the nation to adopt a standard for heat illness prevention (8 C.C.R. §3395). This standard currently applies only to outdoor places of employment. Amended in 2015, the regulations require employers to provide employees access to well-ventilated shade and adequate water and to encourage employees to take cool-down breaks to prevent heat illness.

In addition, employers must ensure that supervisors and employees are trained to recognize the signs and symptoms of heat illness, take steps immediately to prevent the progression of heat illness, provide basic first aid (such as cooling towels and shade), obtain emergency medical services, and not allow an employee with signs or symptoms of heat illness to be left alone or sent home without being offered onsite first aid or provided with emergency medical services. See Heat Illness Prevention Regulation Amendments.

The standard also requires employers to incorporate certain written procedures into their IIPPs. Violation of the heat illness prevention regulation can result in significant fines and civil and criminal liability. Labor Code §226.7 requires one hour of pay penalty for missed "recovery periods." A recovery period is defined as "a cooldown period afforded an employee [who works outside] to prevent heat illness."⁴ The State of California provides training resources for employers and employees on the DIR website.

See:

California Increases Enforcement of Indoor Heat Safety Regs

Oppressive Heat Is Creating Dangerous Working Conditions

Beating the Heat at Work

Ergonomics Standard

The California ergonomics standard (8 C.C.R. §5110) is triggered when an employer has more than one employee experiencing a repetitive motion injury (RMI) resulting from performing identical tasks and determined by a doctor to be work-related. If the standard is triggered, then the employer must develop a written program covering a worksite evaluation, control of the exposures that caused RMIs and plans for training employees.

Any exposures that have caused RMIs must be corrected in a timely manner or, if exposures cannot be corrected, they must be minimized. The employer must consider engineering controls, such as workstation redesign, adjustable fixtures or tool redesign, and administrative controls, such as job rotation, work pacing or work breaks.

Covered California employers must also provide employees with training on the following topics:

• The employer's ergonomics program.
• Exposures that have been associated with RMIs.
• Symptoms and consequences of RMIs.
• The importance of reporting symptoms and injuries to the employer.
• Methods used by the employer to minimize RMIs.

See:

 

Easy Ergonomics

Ergonomics: Preventing Job-Related Pain

Cal/OSHA Ergonomics Publications

Hazard Communication Standard

Cal/OSHA's hazard communication standard (8 C.C.R. §5194) is similar to federal OSHA standards in some respects, but there are notable differences. The California standard addresses compliance with Proposition 65, the state's safe water regulation, which requires employers to notify employees about a broad range of issues (for more about Proposition 65, see "Other California Safety and Health Laws" below in this article).

The hazard communication standard imposes additional obligations on manufacturers that create material safety data sheets. It also requires broader safety and health training and directs employers to give employees broader access to information about chemicals.

See Guide to the California Hazard Communication Regulation.

Enforcement

Among Cal/OSHA's enforcement tools are procedures for investigating accidents; requirements to post information related to health, safety and employee rights; and stringent requirements for reporting and keeping records on work-related injuries and illnesses.

Accident Investigations

California law requires that employers' IIPPs include a procedure to investigate occupational injury or illness or near-miss incidents to identify causes and needed corrections to prevent further incidents. Investigations must be documented in writing and may be completed by anyone familiar with the safety standards and employer practices, such as a safety director or department supervisor.

See How to Conduct an Accident Investigation.

Cal/OSHA conducts an investigation of the cause of workplace accidents that result in any of the following: a) a fatal injury to one or more employees; b) a serious injury or illness; c) a serious exposure; or d) the inpatient hospitalization, regardless of duration, of three or more employees. Cal/OSHA may also investigate the causes of any other type of industrial accident or occupational illness that occurs within the state.

See Cal/OSHA Accident Investigation.

Once investigators determine the potential cause, the next step is to decide what type of abatement or corrective action is appropriate to prevent or minimize such incidents in the future. Finally, it is important for investigators and the employer to follow up, ensuring that the abatement or corrective measures are effective. 

Postings and Notices

In California, all employers must meet various workplace posting obligations. Cal/OSHA posting requirements include posting emergency phone numbers, no-smoking signage, and the state's annual summary of work-related injuries and illnesses. Employers must also post notices outlining whistle-blower protections, employee rights to having access to medical and exposure records, and other topics. Additional safety and health posting requirements may also apply to many workplaces under California's specific Safety Orders. See Workplace Postings.

Reporting and Record-Keeping

California safety laws closely follow the federal OSHA Log 300 injury and illness record-keeping requirements. 

See How to Complete the OSHA Form 300.

To ensure that records are consistent nationwide, the federal regulations limit the degree to which state OSHA plans can vary their record-keeping requirements; however, California and federal safety provisions have key differences. 

See Complying with Employment Record Requirements.

All fatalities and serious injuries and illnesses in California must be reported to Cal/OSHA as soon as possible but no later than eight hours after the incident (8 C.C.R. §342).

See Report a Work Related Accident.

If records for multiple worksites are stored at a central location, California employers must ensure that each worksite has immediately available the address and telephone number of the central storage location. Employers must also ensure that someone is always available during normal business hours at the central storage location to make these records available.

Employees who do not report at least weekly to the work location where the Annual Summary of Work-Related Injuries and Illnesses is posted must be given a copy of the summary, either in person or by mail.

Cal/OSHA specifies which personally identifying information must be deleted when copies of the Cal/OSHA Form 301, Injury and Illness Incident Report, are provided to authorized individuals. 

Other California Safety and Health Laws

Several other state laws affect employers' safety and health programs and create requirements for employers to warn employees of certain circumstances or face penalties. These laws cover areas as varied as safe water policy, asbestos abatement, managerial liability, smoking and cellphone use.

COVID-19 

 

California has regulations specific to COVID-19 prevention in the workplace including providing training, notifying employees of a potential exposure to COVID-19 in the workplace, maintaining records of cases and reporting certain cases to Cal/OSHA. See COVID-19 Prevention Non-Emergency Regulations.

Proposition 65

Proposition 65, the Safe Drinking Water and Toxic Enforcement Initiative, prohibits employers with 10 or more employees from discharging toxic chemicals into sources of drinking water and requires them to give a "clear and reasonable" warning with regard to chemicals listed by the state as causing cancer or reproductive harm.

Proposition 65 imposes broad warning obligations on businesses. The warning requirement exists when an employer knows—or should know—that there is a potential for people to be exposed to a hazardous chemical on the Proposition 65 list. Not every hazardous substance triggers a notice and warning obligation; there are a few exceptions. For example, there is no warning obligation for any exposure that takes place less than 12 months after the chemical is first placed on the target list of hazardous chemicals. Another case: Exposures to certain carcinogenic chemicals at specific, low levels, posing no significant risk, do not require notice and warning.

Asbestos Notification Act

The California Asbestos Notification Act applies to the owners of buildings constructed before 1979. It requires building owners who know that the building has asbestos-containing construction materials to notify co-owners, employees, lessees and tenants of the presence of asbestos in the building.

Owners must report the results of any survey or report that determines asbestos is present in the building. Owners have to inform employees, tenants and others about:

• The potential health risk or impact of exposure to the asbestos in the building.
• Procedures to prevent and minimize disturbance of or exposure to asbestos.
• How to view and receive a copy of the survey or report.
• Work being performed on the building in any area where there is a potential for employees to come into contact with asbestos.

California employers that fail to comply with the Asbestos Notification Act or that present false or misleading information regarding the presence of asbestos can be punished with a fine of up to $1,000, one year in county jail or both. 

"Be a Manager, Go to Jail" Act

The state's Corporate Criminal Liability Act, commonly referred to as the "Be a Manager, Go to Jail" Act, subjects individual managers as well as corporations and limited liability corporations (LLCs) to criminal liability for failing to disclose concealed hazards.

The act requires a covered manager or employer to notify Cal/OSHA and immediately warn in writing affected employees if there is an imminent risk of great bodily harm or death. In the absence of such risk, notification must be provided within 15 days after receiving actual knowledge of a serious concealed danger. The employer must also immediately correct the hazard in the case of imminent risk. Penalties include imprisonment up to three years, a fine not exceeding $25,000 for an individual manager or up to $1 million for a covered employer, or both imprisonment and a fine.

No-Smoking Law

The California no-smoking law bans smoking in virtually every indoor workplace, including bars, restaurants, taverns and gaming clubs. There are also a number of local California city and county anti-smoking ordinances; these can be even stricter than state law. 

See California Workplace Smoking Restrictions.

Wireless Telephone Automobile Safety Act

The broad Wireless Telephone Automobile Safety Act largely prohibits use of wireless telephones (cellphones) by a driver while operating a motor vehicle unless a hands-free device is used. Employers' driving policies should reflect the requirements of the act.

Safety and Health Training

Safety and health training is one of the most important required elements of IIPPs, which are required in California. Temporary employees and contractors who will perform work at a job site or workplace also need training before they begin their assignments. An employer may use outside safety training consultants to help develop and conduct required training programs. General and industry-specific Safety Orders may also contain additional training requirements.

Training for supervisors should include reminders that they are responsible for the success of the IIPP. Supervisors need training about the hazards to which their employees are exposed, ways to recognize those hazards, and the rules, procedures and work practices for controlling exposure. Supervisors also need training in how to communicate this information to employees and how to ensure that employees follow safe procedures.

Employee training should remind employees of their own responsibility for safety, general safe work practices and job-specific safety practices. Employee training also should cover the following:

• When to use personal protective equipment and how to maintain it. 
  
• Actions to take if emergencies occur in the workplace, and provisions for medical services and first aid.
• The importance of not undertaking a job until receiving safety instructions and authorization to perform the job.
• The duty to report all unsafe working conditions and employees' right to do so without fear of retaliation.
• The duty to report any work-related injury or illness, however slight, to management.

See Cal/OSHA Safety & Health Training and Instruction Requirements.

Evaluating Workplace Safety Compliance

The most effective safety programs include proactive steps to mitigate hazards and reduce injuries. Some organizations set safety objectives. For instance, some employers deem their safety program effective if it results in a specific reduction in the previous year's injury rate.

Safe workplaces share a number of common characteristics, including these:

• A supportive culture with an expectation of safety first.
• Goals and objectives linked to the organization's strategic plan.
• Clearly assigned positions responsible and accountable for safety compliance.
• Effective training, education and development processes.
• Hazard mitigation and control based on sound technical analysis with interventions to control or eliminate risks and hazards.
• Integration of domestic and global threats and safety exposures into safety measures.
• Consistent monitoring and reporting on procedures and programs.

HR professionals should establish meaningful safety and security metrics to determine how safety programs and practices are contributing to the business. Relevant metrics may include injury and illness rates, compensation costs, completion rates for safety initiatives, information about compliance training, safety committee activities, and initiatives to reduce risky behavior. Employers can also analyze safety and health trends in the workplace. 

Technology

HR professionals can use technology to assist with workplace safety and health compliance. Human resource information systems (HRIS) provide a means to sort employee information so HR can easily use for record-keeping and reporting. Workplace health and safety can benefit tremendously from technology that helps facilitate acquisition and analysis of injury and illness data, injury costs per employee, training documentation and management, and other topics. 

Templates and Tools

California Workplace Safety Policy

California Work-Related Accidents and Injuries Policy

How to Conduct an Accident Investigation

Checklist: Employee Accident Investigation

Accident Incident / Near Miss Report

Ergonomic Workstation Evaluation Request

 

 

Endnotes

¹Legislative Counsel of California. California labor code §6400. Retrieved from http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=6400

²Legislative Counsel of California. California labor code §6401. Retrieved from http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=6401

³8 C.C.R. §342(a). Retrieved from http://www.dir.ca.gov/title8/342.html

⁴Legislative Counsel of California. California labor code §226.7. Retrieved from http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226.7