Workers’ Comp: Employers’ Responsibilities
Just because an employer has workers’ compensation insurance does not allow him or her to completely disregard the safety of his or her employees. Under certain state regulations in California, all employers are obligated to provide a safe working environment for their employees along with some essential rights. If you are an employee, you should read the information below to know what protections you have under law. The more awareness you have, the better you’ll be able to preserve your entitlements in the event your employer abuses his or her privileges.
Employer Responsibilities Under Cal/OSHA Regulations
Under the California Occupational Safety and Health Act of 1973 and Title 8 of the California Code of Regulations, all employers in the state must:
- Implement an Injury and Illness Prevention Program in their company and keep it up to date with the latest developments in employee safety.
- Conduct appropriate inspections of the workplace and address hazards immediately.
- Provide employees with properly functioning safety equipment for their duties.
- Signify potential dangers to employees through the usage of labels, posters, or signs.
- Clearly communicate safety and health standards to employees.
- Provide medical examinations and training according to Cal/OSHA standards.
- Report any incidents of an employee suffering a serious injury or illness, or death, at the workplace or in connection with his or her job duties to the closest available Cal/OSHA Enforcement Unit district office.
- Record all work-related injury or illness incidents in the log 300. At the end of the calendar year, transfer the information in the log 300 to the log 300A and have the new log posted from February 1 through April 30 each year. This applies to companies with 11 or more employees.
- Refer both former and current employees to the log upon request in a timely fashion.
- Grant employees or their authorized representatives to have access to their medical and exposure records upon request.
- Do not retaliate against employees who invoke their Cal/OSHA rights.
- Cal/OSHA citations must be visible at or near the work area until the violation has been addressed or three working days have passed, whichever takes longer.
- Address and correct cited violations by the determined deadline and file obligatory abatement verification documentation.
Filing a Cal/OSHA Complaint
Any employee who suspects their employer to be in violation of Cal/OSHA standards should submit a complaint by either calling the nearest Cal/OSHA Enforcement Unit district office, or mailing or faxing a filled out Web complaint form, which can be found on the Division of Occupational Safety and Health website, to the nearest Cal/OSHA Enforcement Unit district office. If a work accident results in an emergency situation, the affected employee should not email Cal/OSHA about it. Instead, he or she (or someone else) should report the situation immediately and directly to the nearest office.
Ensuring that Workers are Safe
At the Kenton Koszdin Law Office, we do not tolerate shifty actions on the part of employers against workers, especially if it is for the sake of profit. We hold steadfast to the idea that employees everywhere are entitled to safe working conditions and fair treatment, no matter what industry they are in. If you are working under an employer whom you suspect has violated any Cal/OSHA regulations, please contact our office today to speak with a skilled Los Angeles workers compensation attorney. We provide free case evaluations at (800) 438-7734.