HomeMy WebLinkAbout42-Risk Management
CiTY'OF SAN BER~RDINO - REQUEST CbR COUNCIL ACTION
From:
VICTOR LORCH, DIRECTOR
n-::""'''' _A_....\l.~~ r;'-".
"_V;,,,.f. ,...__< i..i" ""; ;.
Subject:
~........
V'" I~~~~TION INJURY
ie.' .\r'''1tlfD ':n.t;Ntl:ls PREVENTION
PROGRAM
Dept:
RISK MANAGEMENT
Date:
MARCH 19, 1991
Synopsis of Previous Council action:
None.
Recommentjed motion:
Adopt Resolution.
Signature
Contact person:
Victn-r T.nT"C!h
Pltone: 384_5308
Supporting !lata attaChed:
FUNDING REQUIREMENTS:
Ward:
Amount:
Source:
Finance:
Council Notes:
Agenda Item No
Yd...
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CITY
. () ,-,
OF SAN BER"-ARDINO - REQUEST 'fbR COUNCIL ACTION
STAFF REPORT
On January 1, 1990, the Legislature passed and the Governor
signed into law Senate Bill 198. This law effectively
reverses several sections of the California Labor Code.
section 6401.7 of the California Labor Code now requires all
employers, regardless of size, to implement and maintain an
effective injury prevention program. The program shall be
written by Risk Management and posted and implemented July 1,
1991.in all departments. All persons responsible for
implementing and maintaining the program shall be named by
position.
Failure to comply with this Senate Bill could result not only
in fines to the city, but civil and criminal penalties to the
persons charged with implementing and maintaining the pro-
gram.
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V
RESOLUTION NO.
RESOLUTION
CITYWIDE INJURY
EMPLOYEES AND
ACCORDANCE WITH
OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
AND ILLNESS PREVENTION PROGRAM FOR ALL CITY
ECONOMIC DEVELOPMENT AGENCY EMPLOYEES IN
CALIFORNIA SENATE BILL 198.
WHEREAS, Section 6401.7 of the Labor Code of the State of
California requires all public and private employers doing
business in the State to implement and maintain an effective
Injury and Illness Prevention program; and
WHEREAS, Title 8, Chapter 4, section 15099 of the State of
California Occupational Health Standards
Board (CAL-OSHA)
states "Every employer shall establish, implement and maintain
an effective Injury and Illness Prevention Program in accor-
dance with Section 3202 of the General Industry Safety Orders;"
Section 1509(b) requires "Every employer shall adopt a written
Code of Safe Practices" which relates to the employer's oper-
ations.
Section 3203 (a) mandates "Effective July 1, 1991,
every employer shall establish, implement, and maintain an
effective Injury and Illness Prevention Program." The Program
shall be in writing and shall, at a minimum:
(1) Identify the person or persons with Authority and
Responsibility for implementing the Program and;
WHEREAS, the city of San Bernardino is committed to
providing a safe work environment for it's employees and recog-
nizing the need to comply with State mandated regulations
concerning injury and accident prevention and employee safety,
and;
WHEREAS, under Article IV, entitled "Executive Depart-
ment," Section 50 of the Charter of the city of San Bernardino
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"-...,,
v
and Illness Prevention Program. Department
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provide day to day supervision of the Program.
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RESOLUTION ..... IN ACCORDANCE WITH
r'\,
V
CALIFORNIA
SENATE BILL 198.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common
Bernardino at a
Council of the City of Sa
1991, b
the
day of
meeting thereof, held 0
the following vote, to wit:
Council Members
AYES
ESTRADA
REILEY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN
City~ttorney
~)
By .J,-r't-",^>. ., T
/' ,
/ .'
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3
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City of San Bernardino REC'O.-ADHfH. OFf.
INTEROFFICE MEMORANDUM "C' " '._
9103-4219 .... fiAR 19 P. I::?
TO: SHAUNA EDWINS, CITY ADMINISTRATOR
FROM: VICTOR F, LORCH, DIRECTOR OF RISK MANAG
SUBJECT: COUNCIL RESOLUTION IMPLEMENTING CITYWIDE INJURY AND
ILLNESS PREVENTION PROGRAM
DATE: March 19, 1991
COPIES: J. HODGSON & J. BURCH, RISK MANAGEMENT
-------------------------------------------------------------
Attached is the proposed Council Resolution on implementation
of the citywide Injury and Illness Prevention Program per
your recommendation at our recent briefing to you on the
program.
Since this is my first Council Resolution, any input from you
would be most appreciative. Should you have any questions,
please feel free to call my office.
o
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Effective January I, 1990 the legislature passed and the governor signed into law Senate Bill
198 sponsored by Senator Greene.
This law effectively revises several sections of the California Labor Code. The most
significant changes are as follows:
Section 6401.7 . ~ requires all employers, regardless of size, to implement and
maintain an effective injury prevention program. The program sha1l be wrinen and
shall include, but not be limited to, the following elements:
(1) Identification of the person or persons responsible for implementing the
program.
(2) The employer's system for identifying and evaluating workplace hazards,
including scheduled periodic inspections to identify unsafe conditions and
work practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner.
(4) An oc:c:upational health and safety lr"ining program designed to instruct
employees in general safe and healthy work practices and to provide specific
instruction with respect to hazards specific to each employee's job assignment.
(5) The employer's system for communicating with employees on occupational
health and safety maners, including provisions designed to encourage
employees to inform the employer of hazards at the worksite without fear of
reprisal.
(6) The employer's system for ensuring that employees comply with safe and
healthy work practices, which may include disciplinary action.
In addition, the employer shall correct unsafe and unhealthy conditions and work
practices in a timely manner based on the severity of the hazard.
The employer shall train all employees when the training program in first established.
all new employees, and all employees given a new job assignment, and shall train
employees whenever new substances, proc:esses. procedures, or equipment are
introduced to the workplace and represent a new hazard, and whenever the employer
receives notification of a new or previously unrecognized hazard.
A,
1
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o
The employer shall keep appropriate records of steps taken to implement and
maintain the program.
Section 6427 . Any employer who violates any occupational safety or health standard,
order, or special order, or Section 25910 of the health and safety code, and the
violation is specifically determined not to be of a serious nature, may be assessed a
civil penalty of up to one thousand dollars ($1.000) for each violation. Employers
who do not have an operative injury prevention program shall receive no
adjustment for good faith of the employer or history of previous violations as
provided in paragraphs (3) and (4) of subdivision (c) of section 6319.
Section 6428 - Any employer who violates any occupational safety or health
standards, order, or special order, or Section 255910 of the health and Safety Code,
if that violation is a serious violation, shall be assessed a civil penalty of up to two
thousand dollars ($2.000) for each violation. Employers who do not have an
operative injury prevention program shall receive no adjustment for
good faith of the employer or history of previous violations as provided. in
paragraphs (3) and (4) of subdivision (c) of Section 6319.
-~
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CITY OF SAN BERNARDINO
INJURY AND ILLNESS PREVENTION PROGRAM
I. GENERAL
The city
c01lllllitted
recognizes
injury and
II. OBJECTIVE
of San Bernardino, throuqh its manaqement, is
to the safety and health of all employees and
the need to comply with requlations qoverninq
accident prevention and employee safety.
The primary objective of the Injury and Illness Preven-
tion proqram (Proqram) is to insure compliance with the
California occupational Safety and Health Act (Cal/OSHA)
Title 8, Section 3203, which requires each employer to:
A. Establish and maintain an effective Injury and
Illness Prevention proqram.
B. Provide a safe and healthy workinq environment for
all employees.
C. Reduce the human and financial losses resultinq
from injuries and illnesses arisinq out of or
occurrinq in the course of employment.
D. Establish safety policies, c01lllllittees, traininq and
c01lllllunications processes which will contribute to
and be a part of the Injury and Illness Prevention
Proqram.
E. Establish on-qoinq injury and illness prevention
proqrams for all departments.
III. INJURY AND ILLNESS PREVENTION PROGRAM
A. support
All employees are expected to comply with the
Injury and Illness Prevention Proqram. The proqram
reflects the ac1ministration's concern for safety
and its c01lllllitment to the policies outlined in the
proqram.
B. Responsibilities
1. The Mayor will be responsible for overseeinq
the Injury and Illness Prevention proqram. He
shall designate the City Ac1ministrator to
direct the Injury and Illness Prevention
1
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o
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Program administration through the Risk Mana-
ger. (See Appendix A)
2. The Safety Officer and the Occupational Health
Nurse - in their specialized rolls - shall be
responsible for:
a. Administering the Injury and Illness
Prevention Program to determine compliance.
b. Coordinating with the workers' compensation
claims administrator to establish injury
frequency, severity end trends.
c. Maintaining records as prescribed by
legiSlation.
d. Providing information regarding injury/
illness experience and related costs to
management.
e. Training supervisors to effectively com-
municate safety instructions to employees.
f. Coordinating/Conducting/Overseeing employee
training on safety health, and mishap
prevention.
g. Advising department heads and departmental
safety coordinators on safety clothing,
equiPment and policies.
h. Conducting and assisting with scheduled and
unscheduled periodic safety and health
inspections.
i. Advising department heads on potential
safety and health hazards.
j . Performing follow-up investigations of
injuries and illnesses as required.
k. serving as advisor to Safety/Incident
Review committee.
1. Performing those duties necessary to insure
compliance with applicable safety and
health requlations.
m. Implementing and conducting an employee
safety suggestion program.
n. Developing and administering employee
safety incentive and recognition programs.
3. The department head is responsible for the
effective implementation and maintenance of the
department's Injury and Illness Prevention
Program as follows:
a. Desiqnate a Departmental Safety Coordina-
tor.
b. Establish and maintain a written Depart-
mental Injury and Illness Prevention
Program.
c. Establish and maintain a system of- job
safety analysis, safety inspections,
accident investigation and pertinent safety
2
o
o
performance records.
d. Provide safety orientation, adequate job
traininq and continuinq safety instruction
for all department employees.
e. Assist the safety Officer and occupational
Health Nurse in the on-qoinq safety and
illness prevention traininq for super-
visors.
f. Insure compliance with Cal/OSHA regulations
with reqard to specific performance such as
tailqate meetinqs.
4. The supervisor is the key to a successful
Injury and Illness Prevention Proqram. The
supervisor shall:
a. Recoqnize the potential or real hazards of
each job supervised.
b. Continuously observe and evaluate work
conditions and procedures to defect and
correct unsafe conditions and practices.
c. Emphasize to employees the benefits of
observinq safety procedures and of usinq
the prescribed protective equipment.
d. Enforce those safety rules, procedures and
policies applicable to their function.
e. Recommend discipline for employees who do
not comply with safety rules, procedures
and policies.
f. provide new employee orientation, job
specific traininq and tailqate traininq
sessions. Records of the traininq shall be
maintained in the department's files for a
minimum of three years.
q. Promptly investiqate injuries, illnesses
and accidents.
h. Encouraqe employees to report unsafe
conditions and to submit practical suqqes-
tions for correction.
i. Immediately initiate action to correct all
safety hazards which are identified. The
supervisor shall notify the department head
immediately if further corrective action is
necessary.
j. Insure that tools, equipment and protective
devices are properly maintained and uti-
lized.
k. Perform those duties which will enhance the
success of the Injury and Illness Preven-
tion proqram.
5. All employees are required to develop a~d
demonstrate safe work habits. They sh~ll:
a. promptly report to their superv1sor all
accidents and injuries occurrinq within the
3
o 0
course of their employment.
b. Promptly report to their supervisor all
unsafe conditions that they observe.
c. Attend and participate in tailgate ses-
sions.
d. Ose prescribed protective clothing and
devices where required.
e. Learn and observe the safety rules, proce-
dures and policies.
C. Departmental Safety Coordinators
1. The Department Safety Coordinators will repre-
sent a cross section of the City'S departments,
and shall be appointed by the department heads.
2. The Department Safety Coordinators shall
represent their respective departments as
members of the safety/Incident Review Commit-
tee.
3. The Coordinator will act as a communication
link between the department, Safety/Incident
Review committee, Safety Officer and Occu-
pational Health Nurse and other departments.
D. Safety/Incident Review Committee
1. The Safety/Incident Review Committee is respon-
sible to oversee the safety pOlicies and
practices. They shall:
a. Act at the direction of the Committee
Chairperson. The chairperson will be
elected from the cOlll1littee "."'~ship and
shall serve a term of one year.
b. Meet monthly to perform the following
functions:
1. Analyze the effectiveness of the Injury
and Illness Prevention prograa and
develop policy recommendations to meet
current needs.
2.. Review safety problems and recommend
practical solutions to the probl....
3. Receive the Safety Coordinator's
reports and review actions of the
departmental safety committees.
4. Review liability and workers' compen-
sation reports to reduce preventable
injuries, illnesses and accidents.
5. Assist in the implementation of indivi-
dual department injury and illness
prevention programs.
6. Recommend presentations and trainingnfor employees.
7. Review results of periodic scheduled
worksite inspections.
4
o
o
~
Effective January 1, 1990 the legislature passed and the governor signed into law Senate Bill
198 sponsored by Senator Greene.
This law effectively revises several sections of the Califomia Labor Code. The most
significant changes are as follows:
Section 6401.7 - HIm: requires all employers, regardless of size, to implement and
maintain an effective injury prevention program. The program shall be wrinen and
shall include, but not be limited to, the following elements:
(1) Identification of the person or persons responsible for implementing the
program.
(2) The employer's system for identifying and evaluating workplace hazards,
including scheduled periodic inspections to identify unsafe conditions and
work practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner.
(4) An occupational health and safety tf'lining program designed to instruct
employees in general safe and healthy work practices and to provide specific
instruction with respect to hazards specific to each employee's job assignment.
(5) The employer's system for communicating with employees on occupational
health and safety maners, including provisions designed to encourage
employees to inform the employer of hazards at the worksite without fear of
reprisal.
(6) The employer's system for ensuring that employees comply with safe and
healthy work practices. which may include disciplinary action.
In addition. the employer shall correct unsafe and unhealthy conditions and work
practices in a timely manner based on the severity of the hazard.
The employer shall train all employees when the training program in first established.
all new employees, and all employees given a new job assignment, and shall train
employees whenever new substances. processes. procedures, or equipment are
introduced to the workplace and represent a new hazard, and whenever the employer
receives notification of a new or previously unrecognized hazard.
A,
o
o
The employer shall keep appropriate records of steps taken to implement and
maintain the program.
Section 6427 - Any employer who violates any occupational safety or health standard,
order, or special order, or Section 25910 of the health and safety code, and the
violation is specifically determined not to be of a serious nature, may be assessed a
civil penalty of up to one thousand dollars ($1,000) for each violation. Employers
who do not have an operative injury prevention program shall receive no
adjustment for good faith of the employer or history of previous violations as
provided in paragraphs (3) and (4) of subdivision (c) of section 6319.
Section 6428 - Any employer who violates any occupational safety or health
standards, order, or special order, or Section 255910 of the health and Safety Code,
if that violation is a serious violation, shall be assessed a civil penalty of up to two
thousand dollars ($2,000) for each violation. Employers who do not have an
operative injury prevention program shall receive no adjustment for
good faith of the employer or history of previous violations as provided in
paragraphs (3) and (4) of subdivision (c) of Section 6319.
.'
o
o
CITY OF SAN BERNARDINO
INJURY AND ILLNESS PREVENTION PROGRAM
I. GENERAL
The city
c01Dlllitted
recognizes
injury and
II. OBJECTIVE
of San Bernardino, through its management, is
to the safety and health of all employees and
the need to comply with regulations governing
accident prevention and employee safety.
The primary objective of the Injury and Illness Preven-
tion Program (Program) is to insure compliance with the
california occupational Safety and Health Act (Cal/OSHA)
Title 8, section 3203, which requires each employer to:
A. Establish and maintain an effective Injury and
Illness Prevention Program.
B. Provide a safe and healthy working environment for
all employees.
C. Reduce the human and financial losses resulting
from injuries and illnesses arising out of or
occurring in the course of employment.
D. Establish safety policies, committees, training and
communications processes which will contribute to
and be a part of the Injury and Illness Prevention
Program.
E. Establish on-going 1nJury and illness prevention
programs for all departments.
III. INJURY AND ILLNESS PREVENTION PROGRAM
A. Support
All employees are expected to comply with the
Injury and Illness Prevention Program. The program
reflects the administration's concern for safety
and its commitment to the policies outlined in the
program.
B. Responsibilities
1. The Mayor will be responsible for overseeing
the Injury and Illness Prevention Program. He
shall designate the City Administrator to
direct the Injury and Illness Prevention
1
o
o
I
(
Program administration through the Risk Mana-
ger. (See Appendix A)
2. The Safety Officer and the occupational Health
Nurse - in their specialized rolls - shall be
responsi))le for:
a. Administering the Injury and Illness
Prevention Program to determine compliance.
)). Coordinating with the workers' compensation
claims administrator to esta))lish injury
frequency, severity and trends.
c. Maintaining records as prescri))ed ))y
legiSlation.
d. Providing information regarding injury/
illness experience and related costs to
management.
e. Training supervisors to effectively com-
municate safety instructions to employees.
f. Coordinating/conducting/overseeing employee
training on safety health, and mishap
prevention.
g. Advising department heads and departmental
safety coordinators on safety clothing,
equipment and policies.
h. Conducting and assisting with scheduled and
unscheduled periodic safety and health
inspections.
i. Advising department heads on potential
safety and health hazards.
j . Performing follow-up investigations of
injuries and illnesses as required.
k. Serving as advisor to Safety/Incident
Review Committee.
1. Performing those duties necessary to insure
compliance with applica))le safety and
health regulations.
m. Implementing and conducting an employee
safety suggestion program.
n. Developing and administering employee
safety incentive and recognition programs. .
3. The department head is responsi))le for the
effective implementation and maintenance of the
department's Injury and Illness Prevention
Program as follows:
a. Designate a Departmental Safety Coordina-
tor.
b. Esta))lish and maintain a written Depart-
mental Injury and Illness Prevention
Program.
c. Esta))lish and maintain a system of. jo))
safety analysis, safety inspections,
accident investigation and pertinent safety
,
,
I
II
I
,
2
~
performance records.
d. Provide safety orientation, adequate job
training and continuing safety instruction
for all department employees.
e. Assist the Safety Officer and Occupational
Health Nurse in the on-going safety and
illness prevention training for super-
visors.
f. Insure compliance with Cal{OSHA regulations
with regard to specific performance such as
tailgate meetings.
4. The Supervisor is the key to a successful
Injury and Illness Prevention Program. The
supervisor shall:
a. Recognize the potential or real hazards of
each job supervised.
b. continuously observe and evaluate work
conditions and procedures to defect and
correct unsafe conditions and practices.
c. Emphasize to employees the benefits of
observing safety procedures and of using
the prescribed protective equipment.
d. Enforce those safety rules, procedures and
policies applicable to their function.
e. Recommend discipline for employees who do
not comply with safety rules, procedures
and policies.
f. Provide new employee orientation, job
specific training and tailgate training
sessions. Records of the training shall be
maintained in the department's files for a
minimum of three years.
g. Promptly investigate injuries, illnesses
and accidents.
h. Encourage employees to report unsafe
conditions and to submit practical sugges-
tions for correction.
i. Immediately initiate action to correct all
safety hazards which are identified. The
supervisor shall notify the department head
immediately if further corrective action is
necessary.
j. Insure that tools, equipment and protective
devices are properly maintained and uti-
lized.
k. Perform those duties which will enhance the
success of the Injury and Illness Preven-
tion Program.
5. All employees are required to develop and
demonstrate safe work habits. They shall:
a. Promptly report to their superv~sor all
accidents and injuries occurring within the
3
_. .
o 0
course of their employment.
b. Promptly report to their supervisor all
unsafe conditions that they observe.
c. Attend and participate in tailqate ses-
sions.
d. Use prescribed protective clothinq and
devices where required.
e. Learn and observe the safety rules, proce-
dures and policies.
C. Departmental Safety Coordinators
1. The Department Safety Coordinators will repre-
sent a cross section of the City's departments,
and shall be appointed by the department heads.
2. The Department Safety Coordinators shall
represent their respective departments as
members of the Safety/Incident Review Commit-
tee.
3. The Coordinator will act as a communication
link between the department, Safety/Incident
Review committee, Safety Officer and Occu-
pational Health Nurse and other departments.
D. Safety/Incident Review Committee
1. The Safety/Incident Review Committee is respon-
sible to oversee the safety pOlicies and
practices. They shall:
a. Act at the direction of the Committee
Chairperson. The chairperson will be
elected from the committee membership and
shall serve a term of one year.
b. Meet monthly to perform the fOllowinq
functions:
1. Analyze the effectiveness of the Injury
and Illness Prevention Program and
develop policy recommendations to meet
current needs.
2. Review safety problems and recommend
practical solutions to the problems.
3. Receive the Safety Coordinator's
reports and review actions of the
departmental safety committees.
4. Review liability and workers' compen-
sation reports to reduce preventable
injuries, illnesses and accidents.
5. Assist in the implementation of indivi-
dual department injury and illness
prevention proqrams.
6. Recommend presentations and traininq
for employees.
7. Review results of periodic scheduled
worksite inspections.
4
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STANDARDSPR!SENTATlONO
TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Pg~of~
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD,
TITLE 8. CHAPTER 4
FederoJ
Standard
Sectian
Number
Amend Section 1509 to read:
1509. ^eei.eft~ In1urv and Illness Prevention Proqram.
Ca) Every employer shall ift~~... establish.
imn1ement and maintain an a..i..~ .~.~.ft.i.ft effective
in;urv and I11ne.. Pr.ven~ion PBroqram in accordance
with section 3203 of tha Ganeral Industrv Safety
Orders. ~e ,r.,r.. akall .~.vi.. ,ft., ..,.a1e,
rea,ellsiala .~,ervi..r. akall .~1. r.lUla~ ift8,...i8RS
af all eKea?'!."., f...., a..ff.l.s, ..air., la..ers,
..pue.wres, a.ehiftePf aft. ...i...~ .. I~.~.ft'
ill..PL-ala, 8aal1 wa)Ea "-.a:l.... e..r.._iva ...allre. ~e
elisifta.. aalara. air...ly wnt.r .ka ..~r.l af 'as
.-player, er saall ra,er. 71.1..1888 af ..f.~ eraers
aft. a.fe ,ra.'iees .. ~. rea,eftsiale ..,leyer.
Cb) Every employer shall adopt a written Code of
Safe Practices which relates to the employer's
operations. The Code shall contain lanquaqe equivalent
to the relevant parts of Plate A-3 of the Appendix.
Cc) The Code of Safe Practices shall be posted at
a conspicuous location at each job site office or be ~
provided to each supervisory employee who shall have it
readily available.
Cd) Periodic ..etinqs of supervisory employees
shall be held under the direction of manaqement for the
discussion of safety problems and.accidents that have
occurred.
Ce) supervisory employees shall conduct "toolbox"
or -tailqate- safety _etinqs, or equivalent, with
their crews at least every 10 workinq days to emphasize
safety.
NOTE:
Labor
Labor
Authority cited:
Code. Reference:
Code.
Section. 142.3 and 6401.7,
Section. 142.3 and 6401.7,
OSHSI-ftI41"'1
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:::
STANDARDS 'RESENTAnON 0
TO
CALIFORNIA OCCU'AnONAL SAFETY AND HEALTH STANDARDS BOARD
o
Pg --L- of ....l.l.-.
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD.
TilLE .. CHAPTER "
Federal
Standard
Section
Number
Amend Section 3203 to read:
. 3203". A..i..ft~ In;urv and Illness Prevention Program.
(a) Effective "......1' 1, 18;7 .Tu1v 1. 1991, every
employer shall ifta~wur..a es~ab1ish. imD1emen~ and
maintain an aeei.eR* '1'.7.1\.1.ft affective In;urv and
Illness Prevention PerogrUl (Proaram\. walea eaa11
lftel~.e, ..~ fte~ Be l~i.e. .. ... f.ll.vift'. %ba
Proaram shall be in writina and shall. at a minimum:
(1) A \I'aiftift' '1'.'1''' ...i9l\.. .. ifte.l'~e.
..,ley... ift ,e"e~lll ..f. went .1'...i.... aM a,..ilie
ift..~.,i.ft. ~!'k ~..,... ,. ka.al'd. Wfti~. .. ~.
...lay.... ie~ &.8i,naefte.
Ydentifv the oar.on or Dargan. with authority
and rl!ulnonRihilit.v 'lor iwmla.Ant.iftu 't.h. Proaram.
(2) Sea..~l.. '.1'1..1. ine,.e.ieft. .. i.eR*ify
lUle.f. .."lIli"i.". aft. veJ!1JI ,1'...i...... till. ..,leyal'
akall ..Hae. lIIl..'. ..".i""81l8 all" -...-...ll 'J!a..i...
fawn. .a a ~..1I1. af .-. l'.~il'." iR8,...ieft8.
Yncluda a svst.em 'lor an.urina t.hat RmDloveas
comolv wi~ safe and h.al~hv work nractie...
=:b~~tia1 comD1iance with this Drovision includes
c tion a~ ..alov... who ~ollow ..fa and h.al~hful
work nrae~ic... ~rainina and r.~rainifta nraarams.
:~:ctD1inarv actions. or anv other such means that
ur.. ..clov.. e~nllance wi~h .afe aftd heal~hful
work nra~iceB.
(3) Include a syst.. for communicating with
employees in a form readily understandable by all
affected employee. on matters relating to occupational
safety and health, inclUding provisions designed to
encourage employees to inform the employer of hazards
at the worksite without fear of reprisal. Substantial
compliance with this provision includes meetings,
training programs, posting, written communications, a
system of anonymous notification by employees about
hazards, labor/manaqment safety and health committees,
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PROPOSED STATE STANDARD.
TITLE 8. CHAPTER 4
or any other means that ensures communication with
employees.
Exception: Employers having fewer than 10 employees
shall be permitted to communicate to and instruct
employees orally in general safe work practices with
specific instructions with respect to hazards unique to
the employees' job assignments.
(4) Include procedures for identifying and
evaluating work place hazards including scheduled
periodic inspections to identify unsafe conditions and
work practices. Inspections shall be made to identify
and evaluate hazards:
(A) When the Program is first established;
Excention: Those AmDlover. havina in nlae. on
Julv 1~ 1991. a wri~t.n Iniurv and I11n... Pr.vention
Proaram co.nlvino with Dravion.lv Axistina Section
3203.
lB\ Whenever new substance.. Dracesses.
nrocadur... or eauinment ar. introduc.d to the
worknlace that rear..ent a new oecunational safetv and
health hazard: and
tel Whenl!ver t.he emnlover is made aware of a new
or nravion.Iv unrecOGnized hazard.
I~\ Include a nrocedure to inv..tiaate
oceunational in;urv or occuDational illness.
(6\ Include math-ods and/or t)rae8dures for
corractina unsafe Dr unhealthY condition.. work
nractices and work nrocedur.. in a ~imelv manner based
on the severitv of the hazard:
tAl When observed or discovered: and.
IBl When an imminent hazard .xis~s which eannot
be immediate1v abated withou~ endanaerina emcloveeCsl
and/or crocertv. remove all exno.ed carsonn.l from the
OSHSI-9II./"\
STANDARDS PRESENTAnON 0
TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Federal
Standard
Section
Number
Il :I6Ot'
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CONTENT
A
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E E
W N
D
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STANDARDS PRESENTATION 0
TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Pg
4
13
of
CONTENT
A
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PROPOSED STATE STANDARD.
TITLE 8. CHAPTER 4
Federal
Standard
Section
Number
area .xc.at those necessarY to correct the existina
~o~dition. Emnlovee. nec.ssarv to correct the
hazardous condition shall be nrovided the necessary
safeauards.
17\ Provide trainina and instruction:
IAl When the nrottram is first established:
ExceDtion: EmDloverm havina in Dlae. on Julv la
1991. ; ;;itten In1urv and Illness Prevention Proaram
~o;~ivina with nreviouslv existina s.etion 3203.
CD' To all new emDlovees:
for
~~\
w ch
To all emnlovees criven new -tab a..iClft1llents
t;ai~ina has not Dravion.lv baen received:
~~~ ~~never new substances. nrocesses.
"roc. .s ;~inlll.ft't are introduced to ~.
and rear.sent a new hazard:
worknlace
tEl Whenever the 4!!!lmnlover i. mad. aware of a new
or nreviouglv unreeoani~ed hazard: and.
IF' For sunervisors
:::~;~i:::d~::;~i~:~~~:
to familiariz. th.. with the
to which aaalov... under
and control mav ba exnosed.
lb\ R.cords of ~h. .t.ns taken to i1llalemen~ an-:
maintain the PrOGram shall include:
11\ Raeords o~ .db.duled and l).riDdie in.aections
r.aui~;d bY _ub..etion la\l'\ to identifY unsafe
~~:~~:~~:: ~d ;~rk nractices. includincr nersonts\
o ~ ; i~;~et:ion. ~. un.afe conditions and
w~~k ;;;;;;;'i;~; ~h;~ have been identi~ied and action
;;~:n ~: ~~~~:~t ~he identified unsafe con~iti~ns and
oDe Th;s. records shall be ma1nta1ned for
three (3\ vears: and
mav
tht!
~:~eD~~o:~ :~~O~:~II :tth fewer than 10 emnlovees
e t in. i .aection records onlY until,
hazard i. corrected.
OSHSI-"'4,141
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STANDARDS PRESENT AnON
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CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Pg
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of --1:l..
CONTENT
A
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E E
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PROPOSED STATE STANDARD,
TiTlE 8. CHAPTER 4
Federal
Standard
Section
Number
(2' Documentation of safetv and health trainina
reauired bv subsection (all') for each emolovee.
includina emnlov8. name Dr other identifier. trainina
dates. t~e(.l of traininG. and trainina nroviders.
This documentation shall be maintained for three (])
vears.
EXc~Dtion No.1: Emnlovers with fewer than 10
.molov... can substantial Iv comalv with the
documentation arovl.ion bv maintainina a loa of
instructions nrovided to the .molav.. with resnect to
the hazards unlaue to the amolov_.s ;ob assianment when
first hired or assianed new duties.
Exc.ntion No.2: Trainina records of emnlqvees
who have worked for 1... than Dna III year for the
.mnlaver need not b8 retained ~vand ~e term af
e.nlovment if they are nrovid.d ~o ~h. emnlove. unon
termination of emn1ovment.
tel Emn10vers who elect to use a 1abor/manaaement
safetv and health committ.. to comalv with the
communication reauir..ents of subsection tal(~l of this
.ection shall ba nre.umed to be in substantial
co.nli.nce with subsection (al(~l if the committee:
tll Me~t. r.aularlv. but not less than auarterlv:
(2\ Pr~nare. and makes available to the affected
..nlov..s. written records of the safetv and health
i..u.. discu..ed at the committ.e me.tinas and.
maintained for review bv the Division unon reauest:
t~\
works ita
Review. r8sult!!l
insn8ctions:
of the neriodie.
scheduled
(4\ Reviews inv..tiaations of occunational
accidents and causes of incidents resultina in
occunational in;u~v. occunational i11n.... or eXDosure
to hazardous substances and. where annronriate. submits
suaaestions to manaaement for the nrevention of future
incidents:
IS} Reviews investiaations of all.aed hazardous
conditions brouaht to the attention of any committee
" 360t7
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STANDARDS PRESENTATION 0
TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
o
P 6 f 13
9_0
CONTENT
A
M
E
N
D
N
E
W
PROPOSED STATE STANDARD,
TITlE 8, CHAPTER 4
Federal
Standard
Sectian
Number
.ember. Wh.n determined necessarY bv the committee.
the committee maY conduct its own insnection and
investiaation to assist in remedial solutions:
(6\ Submits recommendations to as.ist in the
evaluation of amolav.. safetv suaae.tions: and
(7\ ODo" reauest from ~. Division. verifies
abatement action taken bv ~e emnlover to abate
citations issued bv the Division.
NOTE: Authority citecl:
Labor Code. Reference:
Labor Code.
Section. 142.3 and 6401.7,
section. 142.3 and 6401.7,
"
U 36007
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STANDARDS PRESENTAnON
TO
CAUFORNIA OCCUPAnONAL SAFETY AND HEALTH STANDARDS BOARD
o
Pg
7
of 13
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD,
TITLE 8, CHAPTER .(
Federal
Standard
Section
Number
Amend Article 3 to read:
Article 3. Iniurv and Illness A8ei..ft~ Prevention
proqram
Amend Section 6507 to read:
6507. The emDlover shall ..tabli.h. tmnIa.ant and
maintain an In;urv and 111ft... Pr.v.n~ion Proaram in
accordance to the reauira.ent. o~ S.etion 3203o~ the
General Industrv Safetv Ordars. Saf..y ~.iftift' afta
Ift..pge_ieft. eel An ...t.aRe ,r.~.ft.i.ft ,~.wr" 8aall
~. .aiR_aift.. BY .ka ..,1.Y.~r aft. ...11 lfte1... ..a
.~~e. .. aetuaiftw em,leye.. wi.a ~e ka.a~.. af .keir
..,l.l'a~ aft. ift8.~e.1eft. 1ft .a'a ,~a..!8.. aft.
.:ra..a'drea 1ft ,erf.naiR, ~.1~ ver)l.
NOTE: Authoritv: Section. 142.3 and 6401.7. Labor
eode.
Reference: sections 142.3 and 6401.7. Labor
Code.
15 36067
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CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
o
Pg
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of 13
CONTENT
A
N M
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W N
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PROPOSED STATE STANDARD.
TITlE 8. CHAPTER 4
Federal
Standard
Section
Number
Repeal Section 6508:
l!98. Asei.e". P~e~eft.ieR prewr... ea) 9ft_.f. er
.aft'.~.~. ea".i.ieft8, ..,.... 1ft .~ ...a,. ,. aaeftift
.~, a"a~a'~., .~ .~i'..ft., w..~l.iB' 1ft 6ft_.f. 8~
.aft,.r.~. eaRsitieft8, aft. .eeie.Res ..~rift' 1ft _he
e.~.. af apara.iefta vaLek .ay rea.l. 1ft '.~..ftal
iR;.~, akall ~. ra,er... ~y ~. ..,ley.. .~.ePViR'
.a.. .. ai. empl.y.~. Ike ..,l.y.~ eaall iftv...i,a.e
8tlek l'a,.I". 'I's.,'ly, a.lIt a!l.ll .alle 8118tl &e.i." as
..y ~. r.~!ra. ,. e.~~e.' ~. ..Rsi,i8", if 1ft fa..
.R.af. 81' saR,.reUB.
NOTE: ~u~horitv: sections 142..3 and 6401.7. Labor
Code.
Ref.rAnee: Section. 142.3 and 6401.7. Labor
Code.
Repeal Section 6509:
'Egg.. Sa"'l'ae..r8. ea) lkBy ..,leyal' .,..:8I']tl", 8ft a
e.R'l'ae~~.l ~..i. 1ft a lee._18ft .~~.._ .. ,ae..
e~..~. i. lIell.ul lIy ~... e~..~.. II. allall a.-aiM
ai..alf vl~ taa aaaa... af .a. ..,layaa~ aft. 8ftall
ift._.u.. aia ..,ley... aa ,. ~. R..a~.. aftB the Rases
ea2'Y ..f.,all~...
Note: Authoritv: Sections 142.3 and 6401.7.
Labor Code.
Rafaranc.: S.etion. 142.3 and
6401.7.- Labor Cod..
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TO
CAUFORNIA OCCUPAnONAL SAFETY AND HEALTH STANDARDS BOARD
Pg
9
of 13
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD.
TITLE 8. CHAPTER 4
Federal
Standard
Section
Number
Amend Article 3 to read:
Article 3. In1urv and Illness A.eL.eft. Prevention
Proqrlllll
Amend Section 6760 to read:
6760.
Saf._y TraiftiRI aft. Ift.'~.8.!.ft.
In;urv and Illness Prevention Proaram.
(a) Aft aeeiseftw ,re~eft'i.ft ,~.wr" 8a&11 he
..ift.aiRes ~y 'fte ..,layer ~a' will Ift.l~.. ,~e~i8iefts
_. a.~aift' ..,ley... ~i'R ~. ft...~.. af .R.i~
.-pleyaaft. aft. ifte_.w._Lefte Lft ~e eaf. .~a..L.ee aft.
.~...~.. af ..~f...ift' .n.i~ ~.nt. The emnlover
shall ..tablish. imnle..nt and maintain an Yn;urv and
Il1ft... Prevention PrOGram in accordance with Section
3203 of the General Industrv Saf.tv Orders.
NOTE: Authoritv: Sections 142.3 and 6401.7. Labor
Code.
Refer.nee: Sections 142.3 and 6401.7. Labor
Code.
Rep_l Section 6761:
'7'1. Ra,.~'ift' VRs.f. S8ft.1.18R8.
fa) 9ft.....~ .aft'.~... .lft.i.!18., ..'e.'. 1ft e~
....,. _. .a.alft.~y, a,.a~a"., .~ a.-i,..B', ~...l.ift.
1ft woe.f. .~ ..B'..... ..B.i.laft8, aft. a..1jen.. ....~
~lft' 1ft ~. ..~r.. af .,.~..i.ft. v~1.a .ay ~...l' 1ft
..~e.ft.l Lftjw~y, a~all ~. ~..e.... ~y ~. ..,leyaa
e~a.pvLft' ~.. .a ~!a ...l.ya~. th. ..,ley.~, aftall
!ft".a.!,a.. awaft ~.....a, aft. aball .til. aweft a._Laft aa
..y ~. ~.~i~.. ,. ..~wa.' ~. ..ft.i.18ft, if 1ft fae_
.a..f. .~ jaft,ere...
NOTE: Au~hori~v: S8c~ions 142.3 and 6401.7. Labor .
Code.
R8f.r8nc8: S8ct:ions 142.3 and 6401.7. Labor
Cod..
0SHSI-9I'.'''1
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TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
o
Pg
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of 13'
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD.
TITLE 8. CHAPTER 4
Federal
Standard
Section
Number
Repeal Section 6762:
'7'2. g8ft.rae~er..
(a) ~ ea,leyer ,.~f.J!IIIift' W.~Jl ell a 8eWarae'aal
aasi. ill a lae.,ie" 8a8;8e' ,. 'ae.. .~..r. ia ~e\lll. ey
'a... erier. aft' ekall a8~.ift' ki...lf ~i.k the aae
ar.. af 'he ..,le~'ell' all. 8aal1 ills.rue' ai. empleyees
aa ~. ~fte aaearas all. _fte Ileee..ary safetysEs..
NOTE: Authoritv: sections 142.3 and 6401.7. Labor
Code.
Reference: sections 142.3 and 6401.7. Labor
Code.
. ,
" ~7__
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OSHSI - 911"141
.'
o STANDARDS PRESENTATIO.o Pg..ll- f-ll.
TO 0
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD,
TITLE 8, CHAPTER 4
Federal
Standard
Section
Number
Amend Section 8350 to read:
8350. Safe~y Iniurv and Illness Prevention Program.
All employers shall ifta~~a~. establish. imDlement and
maintain an effective Iniurv and Illness a..i..ft.
pfrevention pfroqr8mT- ~i. p~.,~.. s~all ~.~i~e ,aa..
in'accordanc. with section 3203 of the General Industrv
S8.fetv Orders.
(a) RafUlar ift8,ee.ieftll shall ~. maa. sf all auLla
iR,., vessels, ..r~e'~~es, .a~8ift8rr, aft. e~i,.eft. ~e
iaeft.ify ~.afe eaft.i,!.". .~ .~a.'i....
-feT Mea.ll~e. _!leIl Ise walE8" i....ia'.ly .. eerree't
~8af. ..ft.i~ieR8 er ,r..'!....
fet A written Code of Safe Practices similar or
equal to those contained in Appendix A shall be devel-
oped, implemented and posted in a conspicuous location,
and issued to each employee.
NO'l'E: Authority Cited: Sectiona 142.3 Ami
6401.7, Labor Code.
Reference: Sectiona 142.3 and 6401.7, Labor
Code.
"~7
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STANDARDS PRESENTATION 0
TO
CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
o
Pg ~ of 13
CONTENT
A
N M
E E
W N
D
PROPOSED STATE STANDARD,
TITLE 8, CHAPTER 4
Federal
Standard
Section
Number
SUBCHAPTER 20 - TUNNEL SAFETY ORDERS
Amend Title to ArtiCle 3 to read:
Article 3. ^eeiseft~ Iniurv and Illness Prevention
Program
Amend Section 8406 to read:
8406. Sefteral P~8~isieft8. In;urv and Illness
Prevention Proaram.
Every employer shall ifta~,..a.e establish. imnlement
and maintain an aeeia.ftt e~f.c~iv. in~urv and i11n&s5
pfrevention pfrogram. gee .ey ~e .... .f ....i.....,
a.f..y ...tift'. er \he~.~1k ift.'~w..i.B f~.. ..fta,..eft~
.. W.lI!lle~.. 'ilftie ,~.~_ eaal1 'lI!.vi.. fe~1 J.n
accordance wi~h section 3203 o~ ~h. CAneral Yndustrv
Safetv Orders and the fol1owina:
(a) RelJllla~ iftep...hft. ef all we~llift' ,la... afts
e~i,.eft', fte.lft' 7181.'1888 af a.f. ,...,1... aft.
e.f..y .~.e~., review aft. ai..wa.lefts ., ~. 8a~8e af
&88i..ft'. ..~rift' ,. ..,l.Y... aft. .ke ...ft8 fer
taelr ,re~.ft.i.ft, .af..y ..~.a.i.ft ..eft' ..,ley... BRa
eft..~ra'...ft. ef .afe.y .."...iefts I~e. ~...
All safety suggestions shall be given prompt
consideration by the employer and a writt.n record
shall be 1(.,. .ft tile .t ~. _i...1l .~"...i.ft. aftd
a._Left ~~t.ft. ~.a. ~e.e~.. skall ~. e,eft main~ained
for th. duration of th. undararound work and made
avail.hl. ~o ~. Division eft unon raau..t.
(b) The adoption and use of a code of safe practices
and procedures for ~ tha operations similiar to the
safe practices code in Appendix A of these orders.
(c) Copies of such code shall be availa~le at the jo~
site for inspection ~y work.rs or the division.
(d) The employer shal: "old meetings at least once
each month with supervis..'" personnel and foremen for a
discussion of safety pro~lems and accidents that have
occurred. Records of such meetings shall be kept,
stating the meeting date, time, place, supervisory
personnel present, subjects discussed and corrective
action taken, if any.
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