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SAFETY AND HEALTH PROTECTION ON THE JOB

State of California

Department of Industrial Relations

CAL/OSHA

CONTENTS



WHAT AN EMPLOYER MUST DO:

All employers must provide work and workplaces that are safe and healthful. In other words, as an employer, you must follow state laws governing job safety and health. Failure to do so can result in a threat to the life or health of workers, and substantial monetary penalties.

You must display this poster so everyone on the job can be aware of basic rights and responsibilities.

You must have a written and effective injury and illness prevention program for your employees to follow.

You must be aware of hazards your employees face on the job and keep records showing that each employee has been trained in the hazards unique to each job assignment.

You must correct any hazardous condition that you know may result in serious injury to employees. Failure to do so could result in criminal charges, monetary penalties, and even incarceration.

You must notify the nearest Cal/OSHA office of any serious injury or fatality occurring on the job. Be sure to do this immediately after calling for emergency help to assist the injured employee.

WHAT AN EMPLOYER MUST NEVER DO:

Never permit an employee to do work that violates Cal/OSHA law.

Never permit an employee to be exposed to harmful substances without providing adequate protection.

Never allow an untrained employee to perform hazardous work.

EMPLOYEES HAVE CERTAIN RIGHTS IN WORKPLACE SAFETY & HEALTH:

As an employee, you (or someone acting for you) have the right to file a complaint and request an inspection of your workplace if conditions there are unsafe or unhealthful. This is done by contacting the local district office of the Division of Occupational Safety and Health (see list of offices at the bottom of this document). Your name is not revealed by Cal/OSHA, unless you request otherwise.

You also have the right to bring unsafe or unhealthful conditions to the attention of the Cal/OSHA investigator making an inspection of your workplace. Upon request, Cal/OSHA will withhold the names of employees who submit or make statements during an inspection or investigation.

Any employee has the right to refuse to perform work that would violate a Cal/OSHA or any occupational safety or health standard or order where such violation would create a real and apparent hazard to the employee or other employees.

You may not be fired or punished in any way for filing a complaint about unsafe or unhealthful working conditions, or using any other right given to you by Cal/OSHA law. If you feel that you have been fired or punished for exercising your rights, you may file a complaint about this type of discrimination by contacting the nearest office of the Department of Industrial Relations, Division of Labor Standards Enforcement (State Labor Commissioner) or the San Francisco office of the U.S. Department of Labor, Occupational Safety and Health Administration. (Employees of state or local government agencies may only file these complaints with the State Labor Commissioner.) Consult your local telephone directory for the office nearest you.

EMPLOYEES ALSO HAVE RESPONSIBILITIES:

To keep the workplace and your co-workers safe, you should tell your employer about any hazard that could result in an injury or illness to people on the job.

While working, you must always obey state job safety and health laws.

SPECIAL RULES APPLY IN WORK AROUND HAZARDOUS SUBSTANCES:

Employers who use any substance listed as a hazardous substance in Section 339 of Title 8 of the California Code of Regulations, or subject to the Federal Hazard Communications Standard (20 CFR 1910.1200), must provide employees with information on the contents on Material Safety Data Sheets (MSDS), or equivalent information about the substance that trains employees to use the substance safely.

Employers shall make available on a timely and reasonable basis a Material Safety Data Sheet on each hazardous substance in the workplace upon request of an employee, an employee collective bargaining representative, or an employee's physician.

Employees have the right to see and copy their medical records and records of exposure to potentially toxic materials or harmful physical agents.

Employers must allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents, and notify employees of any exposures in concentration or levels exceeding the exposure limits allowed by Cal/OSHA standards.

Any employee has the right to observe monitoring or measuring of employee exposure to hazards conducted pursuant to Cal/OSHA regulations.

WHEN CAL/OSHA COMES TO THE WORKPLACE:

A trained Cal/OSHA safety engineer or industrial hygienist may periodically visit the workplace to make sure your company is obeying job safety and health laws.

An inspection will also be conducted when a legitimate complaint is filed by an employee with the Division of Occupational Safety and Health.

Cal/OSHA also goes to the workplace to investigate a serious injury or fatality.

When an inspection begins, the Cal/OSHA investigator will show official identification from the Division of Occupational Safety and Health.

The employer, or someone the employer chooses, will be given an opportunity to accompany the investigator during the inspection. A representative of the employees will be given the same opportunity. Where there is no authorized employee representative, the investigator will talk to a reasonable number of employees about safety and health conditions at the workplace.

VIOLATIONS, CITATIONS & PENALTIES:

If the investigation shows that the employer has violated a safety and health standard or order, then the Division of Occupational Safety and Health issues a citation. Each citation specifies a date by which the violation must be abated. A notice, which carries no monetary penalty, may be issued in lieu of a citation for certain non-serious violations.

Citations carry penalties of up to $7,000 for each regulatory, general or serious violation. Additional penalties of up to $7,000 per day may be proposed for each Failure to correct a violation by the abatement date shown on the citation. A penalty of not less than $5,000 nor more than $70,000 may be assessed an employer who willfully violates any occupational safety and health standard or order. The maximum civil penalty that can be assessed for each repeat violation is $70,000. A willful violation that causes death or permanent impairment of the body of any employee results, upon conviction, in a fine of not more than $70,000, or imprisonment of not more than six months, or both.

While governmental entities may be cited on the same basis as other employers and abatement dates set, civil penalties will not be assessed.

The law provides that employers may appeal citations within 15 working days of receipt to the Occupational Safety and Health Appeals Board.

An employer who receives a citation, Order to Take Special Action, or Special Order must post it prominently at or near the place of the violation for three working days, or until the unsafe condition is corrected, whichever is longer. to warn employees of danger that may exist there. Any employee may protest the time allowed for correction of the violation to the Division of Occupational Safety and Health or the Occupational Safety and Health Appeals Board.

HELP IS AVAILABLE

To learn more about job safety rules you may contact the Cal/OSHA Consultation Service for free information, required forms and publications. You can also contact a local district office of the Division of Occupational Safety and Health. If you prefer, you may retain a competent private consultant, or ask your workers' compensation insurance carrier for guidance in obtaining information.

OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH

HEADQUARTERS: 455 Golden Gate Ave.-Room 5202, San Francisco CA 94102-Telephone (415) 703-4341

District & Field Offices:

Anaheim 2100 East Katella Ave. Suite 140, 92806 (714) 939-0145

Bakersfield 4800 Stockdale Highway-Suite 212, 93309 (805) 395-2718

Chico 555 Rio Lindo-Suite A, 95926 (916) 895-4761

Concord 1465 Enea Circle - Bldg. E Suite 900, 94520 (510) 676-5333

Covina 1123 South Parkview Suite 100, 91724 (818) 966-1166

Eureka 619 Second St.-Room 109,95501 (707) 445-6611

Fresno 2550 Mariposa St.-Room 4000, 93721 (209) 445-5302

Los Angeles 3550 West Sixth St.-Room 431, 90020 (213) 736-3041

Modesto 1209 Woodrow Ave.-Suite C-4, 95350 (209) 576-6260

Oakland 7700 Edgewater Dr.-Suite 125, 94621 (510) 568-8602

Pico Rivera 9455 East Slauson Ave., 90660 (310) 949-7827

Redding 381 Hemsted Dr., 96002 (916) 224-4743

Sacramento 2424 Arden Way-Suite 165,95825 (916) 263-2800

Salinas 1164 Monroe St. Suite 1, 93906 (408) 443-3050

San Bernardino 242 East Airport Dr.-Suite 103, 92408 (714) 383-4321

San Diego 7807 Convoy Court-Suite 140, 92111 (619) 237-7325

San Francisco 1390 Market St. Suite 718,94102 (415) 557-1677

San Jose 2010 North First St.-Suite 401, 95131 (408) 452-7288

San Mateo 1900 South Norfolk St.-Suite 215, 94403 (415) 573-3812

Santa Rosa 1221 Farmers Lane-Suite 300, 95405 (707) 576-2388

Torrance 680 Knox St.-Suite 100, 90502 (310) 516-3734

Ukiah 620 Kings Court-Suite 5, 95482 (707) 463-4783

Van Nuys 6150 Van Nuys Blvd.-Suite 405, 91401 (818) 901-5403

Ventura 1655 Mesa Verde-Room 150,93003 (805) 654-4581

Regional Offices

Anaheim 2100 East Katella Ave.-Suite 125, 92806 (714) 939-8611

Los Angeles 3550 West Sixth St.-Room 413, 90020 (213) 736-4911

Sacramento 2424 Arden Way Suite 125, 95825 (916) 263-2803

San Francisco 1390 Market St. Suite 822, 94102 (415) 557-8640

CAL/OSHA CONSULTATION SERVICE

Headquarters:

455 Golden Gate Ave.-Room 5246, San Francisco CA 94102-(415) 703-4050

Area Offices:

Fresno 1901 North Gateway Blvd.-Suite 102,93727 (209) 454-1295

Sacramento 2424 Arden Way Suite 410, 95825 (916) 263-2855

San Diego 7827 Convoy Court-Suite 406, 92111 (619) 279-3771

San Mateo 3 Waters Park Dr.-Room 230, 94403 (415) 573-3862

Santa Fe Springs 10350 Heritage Park Dr.-Suite 201, 90670 (310) 944-9366

Enforcement of Cal/OSHA job satety and health standards is carried out by the Division of Occupational Safety and Health, under the California Department of Industrial Relations, which has primary responsibility for administering the Cal/OSHA program. Safety and health standards are promulgated by the Occupational Safety and Health Standards Board. Anyone desiring to register a complaint alleging inadequacy in the administration of the California Occupational Safety and Health Plan may do so by contacting the San Francisco Regional Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor (Tel: 415/744-6670). OSHA monitors the operation of state plans to assure that continued approval is merited.

Questions or comments regarding this page should be e-mailed to David Ragsdale, Environmental Health and Safety Manager, Cal Poly Risk Management.

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This page last updated January 30, 1998