Chapter 3

-         FEDERAL – Occupational Safety and Health Act (OSHA) & STATE – California Occupational Safety and Health Act regulate workplace safety.  Both laws require employers to:          “provide a safe and healthful workplace for employees”.

-         Cal-OSHA Consultation Service – provides safety consultants who survey worksites and identify needed corrections.

-         Employers have the constitutional right to initially refuse an OSHA inspector access to the property.  OSHA requires “free access to the place of employment to investigate & inspect…”

-         California law requires every employer to establish, implement, maintain, and document in writing an effective injury and illness prevention program (IIPP).

-         Serious violations – Effective 1-1-00 fines increased from $5,000 to $200,000.  Willful violations – individual can be charged with a misdemeanor ($100,000 fine & a year in jail) – repeated offenses can be charged with a felony ($250,000 fine & 3 years in jail).

-         Corporate Criminal Liability Act -   “Be a Manager go to jail” law – allows for criminal sanctions not only on the corporation and their officers but also on management employees for failure to notify workers of a safety hazard.

-         The Worker Protection Standard for Agricultural Pesticides (WPS)  carries obligations for employers to reduce exposure, mitigate risk, and educate agricultural workers in pesticide handling.

-         1982 Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) governs transportation of all migrant & seasonal workers.

-         Employers must provide medical treatment & record injuries on an OSHA 200 log (2001 – OSHA 300 log – when the govt. …).