Cal. Lab. Code § 6314.5

Current through the 2023 Legislative Session.
Section 6314.5 - Evaluation of employer's injury prevention program
(a) Every inspection conducted by the division shall include an evaluation of the employer's injury prevention program established pursuant to Section 6401.7. The division shall evaluate injury prevention programs using the criteria for substantial compliance determined by the standards board. The evaluation shall include interviews with a sample of employees and the members of any employer-employee occupational safety and health committee. In any inspection which includes work for which a permit is required pursuant to Section 6500 and for which a permit has been issued pursuant to Section 6502, the evaluation of the employer's injury prevention program shall be limited to the implementation of the plan approved by the division in the issuance of the permit. Before any inspection is concluded, the division shall notify the employer of the services available from the department to assist the employer to establish, maintain, improve, and evaluate the employer's injury prevention program.
(b) Inspections also shall include an evaluation of the following:
(1) The condition or conditions alleged in the complaint if the inspection is conducted pursuant to Section 6309.
(2) The condition or conditions involved in the accident if the inspection is conducted pursuant to Section 6313.
(3) The condition or conditions involving work for which a permit is required pursuant to Section 6500, for which notification of asbestos related work is required pursuant to Section 6501.5, or for which a report of use of a carcinogen is required pursuant to Section 9030.
(4) The condition or conditions related to significant safety or health hazards in the industries identified in the regional plans developed pursuant to Section 6314.1.
(5) The condition or conditions involved in abatement of previous violations, special orders, or action orders if the inspection is conducted pursuant to Section 6320.
(c) The scope of any inspection may be expanded beyond the evaluations specified in subdivisions (a) and (b) whenever, in the opinion of the division, a more complete inspection is warranted.

Ca. Lab. Code § 6314.5

Added by Stats. 1989, Ch. 1369, Sec. 5. Effective October 2, 1989.