©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 379 14. Health and Safety Law 14.1 Injury and Illness Prevention Program California employers must prepare a comprehensive written injury and illness prevention program (IIPP)1 and keep records of the steps taken to implement and maintain the IIPP.2 An IIPP must include (a) identification of who is responsible for implementing the IIPP, (b) a system to ensure that employees comply with safe and healthy work practices, (c) a system for communicating with employees on occupational health and safety matters, (d) a system to identify and evaluate workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices, (e) procedures for investigating occupational injuries and illnesses, (f) the methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner, (g) an occupational health and safety training program, and (h) procedures to allow for employee access to the IIPP. Employers that operate health care facilities must include within their prevention programs (as part of the IIPP or as a separate document) a “patient protection and health care worker back and musculoskeletal injury prevention plan,” which includes a “safe patient handling policy” for all patient care units.3 Effective July 23, 2024, California established required safety measures for indoor workplaces to prevent worker exposure to risk of heat illness.4 Employers must take steps to reduce the temperature indoors — generally any workplace with a roof and enclosed sides — if it equals or exceeds 82° F. Additional measures are necessary, including assessing worker heat exposures and implementing heat control measures, if the temperature reaches or exceeds 87° F when workers are present. Some employers are exempt from this new standard, including prisons, local detention facilities, and juvenile facilities and teleworking locations not controlled by the employer. 14.2 “Be a Manager, Go to Jail” Act The Corporate Criminal Liability Act of 1989 makes individual managers criminally liable for failing to disclose “a serious concealed danger.”5 14.3 Proposition 65 The Safe Drinking Water and Toxic Enforcement Initiative of 1986 (aka Proposition 65) requires that businesses with 10 or more employees give clear warning to anyone they knowingly expose to a toxic chemical. (Hence the cryptic messages puzzling restaurant patrons regarding the toxic dangers of the wine they might be drinking.) As of August 2018, businesses must provide “clear and reasonable” warnings regarding Proposition 65 listed chemicals.6 For businesses in general, this new requirement typically means displaying signs advising of known carcinogens on site. Many California employers will comply with the new requirements through the Cal/OSHArequired workplace hazardous communication (HazCom) program. For occupational exposures that are not covered by the HazCom program, posting new signs will meet the requirements. 14.4 Cal/OSHA Hazard Communication Standards California employers whose employees may be exposed to hazardous chemicals must identify the chemicals and maintain a communication and training program, which includes training and notifying employees at the time of
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