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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... ..." ^.."'.. 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. . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o ~ 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 1 o "-...,, v and Illness Prevention Program. Department 16 provide day to day supervision of the Program. 17 / 18 / 19 I 20 / 21 22 / / 23 / 24 25 / 26 / 27 / / 28 2 / / I / I I / / I / / w, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 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 /' , / .' I ; :/ ;~~~ 3 ", .. o o 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 .~ u ~ 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 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 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 ,.....,.- o o 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 o 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 IJ. " """ ::: 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, " -. -- ~ OSHSI-" ,.,14, ., , I . o Pg ...L- of 13 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' -- ,~.- CONTENT A N M E E W N D ., - o STANDARDS PRESENTATION 0 TO CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pg 4 13 of CONTENT A N M E E W N D 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 ,,-, .- ~ .. JL o o STANDARDS PRESENT AnON TO CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pg 5 of --1:l.. CONTENT A N M E E W N D 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 ~- .. 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 .- .;w ~Wlll.._."/.I"\ ,< o 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 -::;..~ l'Uc..e. _.....". .. . STANDARDS PRESENTATION 0 TO CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD o Pg 8 of 13 CONTENT A N M E E W N D 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.. " 3t061 ~- ~ 05K5I-" 1~'''1 o STANDARDS PRESENTAnON 0 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 " .-. r"~. .' STANDARDS PRESENTATION 0 TO CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD o Pg 10 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__ = 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 .- ,;;; 05"51-9114'''\ .. 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. 15 :J6067 ........... -;- 0$H5I-" 14,..,