from the Cal/OSHA Corner, by Mel Davis, Cal/OSHA Adviser, California Chamber of Commerce
I employ fewer than 10 employees. Am I required to have a written Injury and Illness Prevention Program?
All employers in California, including those with only one employee, are required to have a written injury and illness prevention program.
Title 8, Section 3203 of the General Industry Safety Orders has required the development and use of an accident prevention program by all California employers since April 1, 1977.
The regulation, as initially adopted, contained two short subsections. It was a performance regulation in which the employer was to develop a program to address the hazards anticipated to be at the work site, and to make periodic inspections to ensure any potential hazards could be detected, eliminated or mitigated.
During the 1989–1990 legislative session, SB 198 was passed, revising the Labor Code and requiring the Occupational Safety and Health Standards Board to develop and adopt an Injury and Illness Prevention Program (IIPP) with the specific requirements as contained in newly adopted Labor Code Section 6401.7.
The revision to Section 3203 went into effect on July 1, 1991. The legislative mandate was specific that the employer’s IIPP was to be written.
Exceptions
At the time of the initial adoption, the regulation had three exceptions addressing employers who had fewer than 10 employees.
• The first was an exception to the communication requirement contained in Section 3203(a)(3). This exception permits the employer to “communicate to and instruct employees orally in general safe work practices with specific instructions” to the hazards unique to the employees’ job assignment.
• The second exception, located in (b)(1), permits the employer to maintain inspection records only until the observed/known hazard is corrected in lieu of maintaining records for one year. In 1994, subsection (b) was revised as noted above to clarify its intent, and a new exception No. 3 was added.
Fewer than 20 Employees
Exception 3 addresses employers who have fewer than 20 employees during the calendar year that are in an industry that is not on the designated high hazard list. In addition, the company cannot have a Workers’ Compensation Experience Modification Rate greater than 1.1 percent.
Also included in this exception are companies with fewer than 20 employees during the calendar year that are on a designated List of Low Hazard Industries.
If the companies described meet the listed criterion, they may limit the written documentation to the following three items:
• The identity of the person(s) with authority and responsibility for program implementation as required by Title 8 California Code of Regulations Section 3203(a)(1).
• Scheduled periodic “inspections” to identify unsafe conditions and work practices as required by Section 3203(a)(4).
• Training and instruction provided to employees as required by Section 3203(a)(7).
Low Hazard Industries
A listing of the low hazard industries may be found in Title 8, California Code of Regulations, Section 14300.2 or by contacting the Cal/OSHA Consultation Service.
Additional information regarding the requirements and exceptions to Section 3203 can be found by going to www.dir.ca.gov/dosh/etools.
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The Labor Law Helpline is a service to California Chamber of Commerce preferred and executive members. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.