Seyfarth Synopsis: The Cal/OSH Standards Board has adopted provisions that require employers to provide a copies of their IIPPs upon employee requests.
If you’re a loyal reader of our blog, you’ve already seen our Reminder To All Employers With Establishments in California: You Are Required To Have An Injury and Illness Prevention Program — No Ifs Ands Or Buts and develop one if you didn’t have one already. You probably also saw our post earlier this year about: Cal/OSH Board to Vote on New Regulation to Allow Employees to Request Workplace Injury and Illness Prevention Program.
The latest and greatest is that the vote is in. Effective July 1, 2020, California employers will need to provide access to their IIPPs upon request of an employee, the employee’s authorized representative (e.g. an attorney), or the employee’s union representative. Previously there was no requirement under Cal/OSHA to provide access to IIPPs.
The new provision, located at 8 CCR 3203(a)(8) requires access to the IIPP to be given with 5 business days after the request for access is received. Employers are required to provide a printed copy unless the employees agrees to receive an electronic copy. (Don’t worry about the impact to your bottom-line however; employers can charge “reasonable, non-discriminatory reproduction costs” if more than one copy is requested). Alternatively, employers can provide access to IIPPs via a Company intranet or website subject to the access being “unobstructed.”
For more information on this or any related topic, please contact the authors, your Seyfarth attorney, or any member of the Seyfarth Workplace Safety and Health (OSHA/MSHA) Team.