Effective July 1, 1991, every employer shall establish, implement and maintain 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.
2. Include a system for ensuring that employees comply with safe and healthy work practices.
3. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.
4. Include a system for communicating with employees in a form readily understandable by all affected em-ployees on matters relating to occu-pational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
5. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communi-cation with employees.

• Exception: Employers having fewer than 10 [amended as 20 or less] employees shall be permitted to communicate to and instruct employ-ees orally in general safe work practices with specific instructions with respect to hazards unique to the employees’ job assignments, in compli-ance with subsection (a)(3).

Include procedures for identifying and evaluating workplace hazards including scheduling periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

1. When the Program is first established; Exception: Those employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing Section 3203.
2. Whenever new substances, processes, procedures, or equipment are intro-duced to the workplace that repre-sent a new occupational safety and health hazard; and
3. Whenever the employer is made aware of a new or previously unrec-ognized hazard.

Include a procedure to investigate occupational injury or occupational illness.

Include methods and/or procedures for correction of unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

1. When observed or discovered; and
2. When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/ or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

Provide training and instruction:

1. When the program is first established; Exception: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with the previously existing Accident Prevention Program in Section 3203.
2. To all new employees;
3. To all employees given new job assign-ments for which training has not previously been received;
4. Whenever new substances, processes, procedures or equipment are intro-duced to the workplace and repre-sent a new hazard;
5. Whenever the employer is made aware of a new or previously unrec-ognized hazard; and
6. For supervisors to familiarize them with the safety and health hazards to which employees under their immedi-ate direction and control may be exposed.

Records of the steps taken to implement and maintain the Pro-gram shall include:

1. Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices.
2. These records shall be maintained for one (1) year; and
3. Exception: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.
4. Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training provid-ers. This documentation shall be maintained for one (1) year.

Exception No. 1: Employers with fewer than 10 [amended 20 or less] employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees’ job assignment when first hired or assigned new duties.

Exception No. 2: Training records of employees who have worked for less than one (1) year for the em-ployer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment.

Exception No. 3: California labor code §6401.7 states that for employers with fewer than 20 employees who are in industries that are not on a designated list of high-hazard industries established by the Department of Industrial Relations (Department) and who have a Workers’ Compensation Experience Modification Rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on adesignated list of low-hazard industries established by the Department, written documentation of the Program may be limited to the following requirements:

• Written documentation of the identity of the person or persons with authority and responsibility for implementing the program as required by subsection (a)(1).
• Written documentation of scheduled periodic inspections to identify unsafe conditions and work practices as required by subsection (a)(4).
• Written documentation of training and instruction as required by subsection (a)(7).

Exception No. 4: California Labor Code §6401.7 states that Local governmental entities (any county, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement) are not required to keep records concerning the steps taken to implement and maintain the Program.

Note 1: Employers determined by the Division to have historically utilized seasonal or intermittent employees shall be deemed in compliance with respect to the requirements for a written program if the employer adopts the Model Program prepared by the Division and complies with the requirements set forth therein.

Note 2: Employers in the construction industry who are required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 or the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the Division, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to the employee’s job duties.

Employers who elect to use a labor/ management safety and health committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee:

1. Meets regularly, but not less than quarterly;
2. Prepares and makes available to the affected employees, written records of the safety and health issues discussed at committee meetings, and maintained for review by the Division upon request.
3. The committee meeting records shall be maintained for one (1) year;
4. Reviews results of the periodic, scheduled worksite inspections;
5. Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occu-pational illness, or exposure to haz-ardous substances and, where appro-priate, submits suggestions to manage-ment for the prevention of future incidents;
6. Review investigations of alleged hazardous conditions brought to the attention of any committee member.
7. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions; Submits recommendations to assist in the evaluation of employee safety suggestions; and
8. Upon request from the Division verifies abatement action taken by the employer to abate citations issued by the Division.

Title 8, Section 1509. Construction Injury and Illness Prevention Program.

1. Every employer shall establish, imple-ment and maintain an effective Injury and Illness Prevention Program in accordance with Section 3203 of the General Industry Safety Orders.
2. Every employer shall adopt a written Code of Safety Practices which relates to the employer’s operations.

The Code shall contain language equivalent to the relevant parts of Plate A-3 of the Appendix contained within the Cal/OSHA Construction Safety Orders. (Note: General items are listed in Appendix C of this guide.)

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. Periodic meetings of supervisory employees shall be held under the direction of management for the discussion of safety problems and accidents that have occurred. Supervisory employees shall conduct “toolbox” or “tailgate” safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety.