May 27, 2020

May 27, 2020

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May 26, 2020

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California’s Injury and Illness Prevention Plans: New Rules on Employee Access

California’s Occupational Safety and Health Standards Board adopted a new safety rule on January 16, 2020, requiring employers to provide employees with access to their written Injury and Illness Prevention Plan (IIPP) within five days of an employee’s request. The new rule is scheduled to take effect on January 1, 2021. California’s Occupational Safety and Health Division (Cal/OSHA) frequently cites employers for failing to maintain an IIPP that complies with the detailed requirements set forth in Cal/OSHA’s IIPP rule at 8 CCR § 3203. In addition to verifying that their IIPP complies with those requirements, employers will want to ensure that their IIPPs comply with this new access requirement by determining—and documenting—how requests for access can be made and how employees will be provided access to the IIPP.

Cal/OSHA requires employers with 10 or more employees to develop a written IIPP. 8 CCR § 3203(a). However, there was previously no requirement that employers share or make those plans available to employees. 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. 8 CCR § 3203(a)(8)(B)(1)(b). 

Alternatively, an employer can satisfy the requirement to provide access to an IIPP if the employer provides “unobstructed access” through a company server or website, which allows an employee to review, print, and email the electronic IIPP. 8 CCR § 3203(a)(8)(B)(2). “Unobstructed access” means “that the employee, as part of his or her regular work duties, predictably and routinely uses the electronic means to the community with management or coworkers.” Id. 

Employers are also required to communicate the right to request access to its IIPP and the procedure for requesting access to all employees. 8 CCR § 3203(a)(8)(E).

Cal/OSHA’s requirement for employers to maintain an IIPP is unique and does not have an identical counterpart under the federal Occupational Safety and Health Act of 1970. Citations for failure to maintain a complete IIPP are common. In addition to updating the IIPP to address this new access issue and training management personnel on this new standard, employers should review the detailed requirements for these written safety plans and ensure their plans comply.

© 2020 Beveridge & Diamond PC

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About this Author

Kaitlyn Shannon, Beveridge Diamond Law Firm, Environmental Enforcement Litigation Attorney
Associate

Kaitlyn Shannon focuses her practice on environmental enforcement and litigation, including mass torts. Kaitlyn has experience with the Comprehensive Environmental Response, Compensation and Liability Act, Resource Conservation and Recovery Act, and the National Environmental Policy Act

415-262-4020
Jayni A. Lanham, Beveridge Diamond Law firm, Environmental Attorney
Associate

Jayni Lanham maintains a general environmental, litigation, and regulatory practice.  Ms. Lanham represents clients in litigation arising under a broad range of federal and state environmental statutes, as well as state common law.  Ms. Lanham manages key aspects of litigation defense, including pre-trial motions practice, complex discovery, and the development of effective technical defenses.

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Mark Duvali, Environmental Attorney, Beveridge Diamond PC
Principal

Mark Duvall has over two decades of experience working in-house at large chemical companies.  His focus at Beveridge & Diamond, P.C. has been on product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.  He co-chairs the Firm's Chemicals, Products, and Nanotechnology practice group. 

He heads the Firm’s Toxic and Harmful Substances/Toxic Substances Control Act practice.  His experience under TSCA includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions.  He chairs the...

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