This new rule requires employers to provide “access” to the IIPP within five business days of receiving a request from an employee or the employee’s designated representative for the IIPP.Employers have two options as to how to comply with this access rule – by providing a printed or electronic copy of the plan, or, instead of providing a copy of the plan, by providing access to the plan through a server or website.If the employer decides to provide a copy of the IIPP, the employer must provide the requester a printed copy unless the employee agrees to receive an electronic copy.8 CCR § 3203(a)(8)(B)(1)(a). One printed copy must be provided free of charge.If the employee requests additional copies of the IIPP within one year of the previous request, and the IIPP has not been updated during that time, then the employer can charge reasonable copying costs for the additional copies.

Cal/OSHA has been discussing a potential permanent standard for the past several months, focusing on three possibilities: (1) a permanent infectious disease standard; (2) a permanent pandemic standard; and (3) adopting regulations similar to the third readopted ETS as the permanent standard.In addition to voting to approve the third readoption of the ETS, the Standards Board on April 21 voted to deny a petition submitted by the Western Steel Council requesting that 8 CCR Section 3203 governing the Injury and Illness Prevention Program (IIPP) requirements for employers be amended to designate CDPH (instead of Cal/OSHA) as the “single designated source” for occupational safety and health requirements for current and future pandemics similar to COVID-19.IMPLICATIONS FOR EMPLOYERSEmployers in California now have the flexibility to forgo some of Cal/OSHA’s prior requirements, such as the regular disinfecting protocol, exclusion pay to close contacts, and proctored testing.

The most cited industries were supermarket/grocery and various manufacturing (including food and electronics).Most of the COVID-19 citations were tied to violations of 8 C.C.R. section 3203 [Injury and Illness Prevention Program], 8 C.C.R. section 342(a) [failure to timely report serious illness or death of employee], and 8 C.C.R. section 14300.4 [failure to record work-related illnesses or fatalities on OSHA 300 form]. We note that although Cal/OSHA may have initiated inspections for COVID-19 reasons, citations often went beyond COVID-19 issues into other areas of workplace safety.As previously alerted here, Cal/OSHA has an emergency standard in place for a COVID-19 Prevention Plan, which is modeled off the Injury and Illness Prevention Program required of all California employers.

The latest and greatest is that the vote is in. Effective July 1, 2020, California employers will need to provide access to their IIPPs upon request of an employee, the employee’s authorized representative (e.g. an attorney), or the employee’s union representative. Previously there was no requirement under Cal/OSHA to provide access to IIPPs.The new provision, located at 8 CCR 3203(a)(8) requires access to the IIPP to be given with 5 business days after the request for access is received. Employers are required to provide a printed copy unless the employees agrees to receive an electronic copy. (Don’t worry about the impact to your bottom-line however; employers can charge “reasonable, non-discriminatory reproduction costs” if more than one copy is requested).

Such plans may include canceling group activities or events, increasing telecommuting opportunities, and other methods of minimizing exposure among employees (and with the public).The guidance notes that employer responsibility for addressing the COVID-19 hazard arises from the CalOSHA Injury Illness Prevention Plan standard (8 CCR 3203). Thus, CalOSHA will argue that an employer’s failure to address the potential COVID-19 hazard could result in liability.

It contains requirements to protect employees from diseases and pathogens transmitted by aerosols. Helpful information also appears in Cal/OSHA’s California Workplace Guide to Aerosol Transmissible Diseases (Jan. 2020).Cal/OSHA also requires employers in that state to maintain an Injury and Illness Prevention Program (IIPP), 8 C.C.R. § 3203. It requires employers to update their IIPPs whenever they become aware of a new or previously unrecognized hazard, which conceivably could include potential for exposure to the coronavirus.

Seyfarth Synopsis: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203. Despite the IIPP requirement being “on the books” since 1991, many employers with establishments in California still do not have an IIPP.

By Joshua M. Henderson and Ilana R. MoradySeyfarth Synopsis: One of the unique elements of Cal/OSHA is a requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203. Despite the IIPP requirement being “on the books” since 1991, many employers in California still do not have an IIPP.

Notably, there is no regulation pertaining to indoor cold temperatures proposed under this standard. However, such hazards, and arguably heat hazards as well, are already covered by California Code of Regulations, Title 8, Section 3203. The draft regulation can be found on California’s Department of Industrial Relations website.

A “transportation safety plan.” (Education Code § 39831.3.)A Cal/OSHA Workplace Injury and Illness Prevention and Security Program. (Labor Code §§ 6300; California Code of Regulation, Title 8, § 3203.)The Education Code and the California Department of Education require much more to the Comprehensive School Safety Plan. Information on Comprehensive School Plans can be found here.Prevention Is Worth A Pound of CureThere are many easy, low or no cost ways to actually prevent violence from happening in the first place; in some cases, these steps are required by law.Teach Staff to Watch Out For The Danger SignsEmployees should be trained and informed how to recognize, avoid and report school site violence.