California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 7 - General Industry Safety Orders › Introduction › Section 3203 - Injury and Illness Prevention Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective July 1, 1991, every employer
					 shall establish, implement and maintain an effective Injury and Illness
					 Prevention Program (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. 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.
(3)
					 Include a system for communicating with employees in a form readily
					 understandable by all affected employees 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/management safety and health committees, 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 as compliance with subsection
						(a)(3).
(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;
EXCEPTION: Those employers having in place on July 1,
						1991, a written Injury and Illness Prevention Program complying with previously
						existing section
						3203.
(B) Whenever new substances, processes,
					 procedures, or equipment are introduced to the workplace that represent a new
					 occupational safety and health hazard; and
(C) Whenever the employer is made aware of a
					 new or previously unrecognized hazard.
(5) Include a procedure to investigate
					 occupational injury or occupational illness.
(6) Include methods and/or procedures for
					 correcting unsafe or unhealthy conditions, work practices and work procedures
					 in a timely manner based on the severity of the hazard:
(A) When observed or discovered;
					 and,
(B) 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.
(7) Provide
					 training and instruction:
(A) 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.
(B) To all new employees;
(C) To all employees given new job
					 assignments for which training has not previously been received;
(D) Whenever new substances, processes,
					 procedures or equipment are introduced to the workplace and represent a new
					 hazard;
(E) Whenever the employer
					 is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves
					 with the safety and health hazards to which employees under their immediate
					 direction and control may be exposed.
(8) Allow employee access to the Program.
(A) As used in this subsection:
1. The term "access" means the right and
					 opportunity to examine and receive a copy.
2. The term "designated representative" means
					 any individual or organization to whom an employee gives written authorization
					 to exercise a right of access. A recognized or certified collective bargaining
					 agent shall be treated automatically as a designated representative for the
					 purpose of access to the Program.
3. The term "written authorization" means a
					 request provided to the employer containing the following information:
a. The name and signature of the employee
					 authorizing a designated representative to access the Program on the employee's
					 behalf;
b. The date of the
					 request;
c. The name of the
					 designated representative (individual or organization) authorized to receive
					 the Program on the employee's behalf; and
d. The date upon which the written
					 authorization will expire (if less than one (1)
					 year).
(B) The
					 employer shall provide access to the Program by doing one of the following:
1. Provide access in a reasonable time,
					 place, and manner, but in no event later than five (5) business days after the
					 request for access is received from an employee or designated representative.
a. Whenever an employee or designated
					 representative requests a copy of the Program, the employer shall provide the
					 requester a printed copy of the Program, unless the employee or designated
					 representative agrees to receive an electronic copy of the Program.
b. One printed copy of the Program shall be
					 provided free of charge. If the employee or designated representative requests
					 additional copies of the Program within one (1) year of the previous request
					 and the Program has not been updated with new information since the prior copy
					 was provided, the employer may charge reasonable, non-discriminatory
					 reproduction costs (per Section
					 3204(e)(1)(E)) for
					 the additional copies. or,
2. Provide unobstructed access through a
					 company server or website, which allows an employee to review, print, and email
					 the current version of the Program. Unobstructed access means that the
					 employee, as part of his or her regular work duties, predictably and routinely
					 uses the electronic means to communicate with management or
					 coworkers.
(C) The
					 Program provided to the employee or designated representative need not include
					 any of the records of the steps taken to implement and maintain the written
					 Program.
(D) If an employer has
					 distinctly different and separate operations with distinctly separate and
					 different Programs, the employer may limit access to the Program (or Programs)
					 applicable to the employee requesting it.
(E) The employer shall communicate the right
					 and procedure to access the Program to all employees.
(F) Nothing in this section is intended to
					 preclude employees and collective bargaining agents from collectively
					 bargaining to obtain access to information in addition to that available under
					 this section.