Injury and Illness Prevention

Hazmat Information

Injury and Illness Prevention

THE LAW SB 198

Title 8, Section 3203

1. Effective July 1, 1991, every employer shall establish, implement, and maintain an effective Injury and Illness Prevention 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 ad health 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 work site 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.

   4. Include procedures for identifying and evaluation work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices.  Inspections shall be made to identify and evaluate hazards:

      1. 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.

      2. Whenever new substances, processes, procedures, or equipment are introduced to the work place that represent a new occupational safety and health hazard; and

      3. 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:

      1. When observed or discovered; and,

      2. 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 hazardous condition shall be provided the necessary safeguards.

   7. Provide training and instruction:

      1. When the program is first established;
         Exception:   Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing Section 3203.

      2. To all new employees;

      3. To all employees given new job assignments for which training has not previously been received;

      4. Whenever new substances, processes, procedures or equipment are introduced to the work place and represent a new hazard;

      5. Whenever the employer is made aware of a new or previously unrecognized hazard; and,

      6. For supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

2. Records of the steps taken to implement and maintain the Program shall include:

   1. Records of scheduled and periodic inspections required by subsection I.D. to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified, and action taken to correct the identified unsafe conditions and work practices.  the records shall be maintained for three (3) years; and

   2. Documentation of safety and health training required by subsection I.G. for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers.  This documentation shall be maintained for three (3) years.
      Exception: Training records of employees who have worked for less than one (1) year for the employer need not be retrained beyond the term of employment if they are provided to the employee upon termination of employment.

3. Employers who elect to use a labor/management safety and health committee to comply with the communication requirements of subsection I.C. of this section shall be presumed to be in substantial compliance with subsection I.C. if the committee:

   1. Meets regularly, but not less than quarterly;

   2. Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the committee meetings and maintained for review by the Division upon request;

   3. Reviews results of the periodic, scheduled work site inspections;

   4. Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and,w here appropriate, submits suggestions to management for the prevention of future incidents;

   5. Reviews investigations of alleged hazardous conditions brought to the attention of any committee member.  when determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

   6. Submits recommendations to assist in the evaluation of employee safety suggestions; and

   7. Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

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