Changes to California Employment Laws for 2015
Part I: Workplace Safety
In November, 2014 the California
Chamber of Commerce released a list of new laws affecting employers beginning
in 2015. This is the beginning aof a series on those workplace law changes and
the effects on business.
Penalties
for Failure to Abate Safety Hazards
Cal/OSHA can require an employer
to abate (fix) serious workplace safety violations and also to issue civil
penalties.
An employer can appeal the
citation.
AB 1634, in effect, prohibits the state
Occupational Safety and Health Appeals Board from modifying civil penalties for
abatement or credit for abatement unless the employer has fixed the violation.
In cases of serious, repeat serious or willful serious violations,
AB 1634 will generally prohibit a stay or suspension of an abatement
requirement while an appeal or petition for reconsideration is pending, unless
the employer can demonstrate that a stay or suspension will not adversely
affect the health and safety of employees.
Email for
Workplace Safety Reports
AB 326 allows
employers to email their reports of a work-related serious injury, illness or
death to the Division of Occupational Safety and Health. Previously, the Labor
Code required an immediate report by telephone or telegraph. The reference to
telegraph is removed and replaced with email.
Workplace
Violence Prevention Plans: Hospitals
SB 1299 requires Cal/OSHA to adopt
standards by January 1, 2016, that
require specified types of hospitals, including general acute care hospitals or
acute psychiatric hospitals, to adopt workplace violence prevention plans as
part of the hospitals’ injury and illness prevention plans. The intent is to
protect health care workers and other facility personnel from aggressive and
violent behavior.
The bill would require the
division, by January 1, 2017, and annually thereafter, to post a report on its
Internet Web site containing specified information regarding violent incidents
at hospitals. The bill would exempt certain state-operated hospitals from these
provisions.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution
requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would provide that no reimbursement is required by this act for a specified reason.
No comments:
Post a Comment