California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 1 - Employers' Obligation to Provide Information to Employees › Section 340 - Contents and Posting Requirements of Cal/OSHA Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every employer shall be required to post immediately upon
						receipt and to keep posted the CAL/OSHA Notice of Employee Protections and
						Obligations entitled "Safety and Health Protection on the Job," which is
						furnished pursuant to Labor Code Section
						6328 by the
						Division of Occupational Safety and Health, Department of Industrial Relations,
						State of California, containing information on pertinent safety laws,
						regulations and certain rights of employees under the California Labor
						Code.
Each employer must post at least one Notice (CAL/OSHA
						Notice) in each establishment in a conspicuous place where notices to employees
						are customarily posted. "Establishment" as used in this regulation means a
						single physical location where business is conducted or where services or
						industrial operations are performed. Where employers are engaged in activities
						which are physically dispersed such as construction or transportation, the
						notice required by this section shall be posted at each location to which
						employees report each day. Where employees do not usually work at, or report
						to, a single establishment, such notice or notices shall be posted at the
						location or locations from which the employees operate to carry out their
						activities.
Each employer shall take steps to insure that such
						notices are not altered, defaced or covered by other material.
This notice shall contain the address and telephone
						number of the nearest Division of Occupational Safety and Health office, and
						shall inform the employees of their right to report any unsafe working
						conditions in their place of employment to the Division of Occupational Safety
						and Health and their right to request a safety inspection by the Division of
						Occupational Safety and Health for unsafe conditions.
The Notice shall also inform the employees that no
						employee shall be laid off or discharged for refusing to perform work in the
						performance of which the provisions of the California Labor Code, any
						occupational safety or health standard or any safety order of the Division will
						be violated, where such violation would create a real and apparent hazard to
						the employee or his fellow employees.
The Notice shall contain the information that each
						citation issued under Section
						6317 of the
						California Labor Code, Special Order or Order to Take Special Action issued
						under Section
						6308 or a copy or copies thereof
						shall be prominently displayed at or near each place a violation referred to in
						the citation or order occurred.
The Notice shall inform employees that employers who use
						any substance listed as a hazardous substance in Section
						339 of Title 8 of the California
						Administrative Code must provide employees with information on the contents of
						material safety data sheets (MSDS) or equivalent information about the
						substance which trains employees to use the substance safely. That the employer
						is required to make available on a timely and reasonable basis a MSDS on each
						hazardous substance in the workplace upon request of an employee, collective
						bargaining representative, or an employee's physician. Further, that employees
						have the right to see and copy the medical record and other records of employee
						exposure to potentially toxic materials or harmful physical agents.
The Notice shall inform the employees that the employer
						shall provide an opportunity for employees or their representatives to observe
						monitoring or measuring of employee exposure to hazards conducted pursuant to
						standards promulgated under California Labor Code Section
						142.3, and
						shall allow the employee or his representative access to accurate records of
						employee exposures to potentially toxic materials or harmful physical
						agents.
The Notice shall contain a statement that every employer
						and every employee shall comply with occupational safety and health standards
						and all rules, regulations and orders pursuant to Division 5 of the California
						Labor Code which are applicable to his or her own actions and conduct.
Failure of any employer to post the CAL/OSHA Notice
						entitled "Safety and Health Protection on the Job" as required by this
						regulation may result in imposition of a fine of up to $1,000 upon the employer
						for each violation as set forth in Labor Code Section
						6431.
1.
						Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No.
						9). For prior history, see Registers 74, No. 2; 74, No. 18 and 74, No.
						13.
2. Amendment filed 12-5-84; effective thirtieth day thereafter
						(Register 84, No. 49).
3. Amendment filed 12-5-85; effective
						thirtieth day thereafter (Register 85, No. 49).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  6318 and
						  6328, Labor
						  Code. Reference: Sections
						  6318,
						  6328 and
						  6408, Labor
						  Code.