382 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com Legislation effective in January 2019 is another example of California deciding to deviate from federal standards. Cal/OSHA now may issue recordkeeping citations for errors in Cal/OSHA forms for up to five years,22 as opposed to the six-month limitations period endorsed by federal OSHA. 14.12 Single-User Restrooms An FEHC regulation requires that all single-user toilet facilities in any California business establishment, place of public accommodation, or government agency be identified as all-gender facilities and identified for use by no more than one occupant at a time or for family use or assisted use.23 Specific signage requirements apply.24 But companies in certain industries covered by Cal/OSHA must still separately mark non-flushing toilet facilities for men and women.25 These requirements do not apply to construction jobsites, as described in section 6722 (a) of the Labor Code.26 14.13 Workplace Violence Requirements for Health Care Providers California health-care employers, home health and hospice providers, and emergency responders have specific requirements related to the prevention of workplace violence for their employees. They must develop workplace violence prevention plans, to be reviewed for effectiveness annually, train their employees, and keep records related to workplace violence incidents.27 The violence prevention plans must be in writing, must be specific to the hazards and corrective measures for the unit, service, or operation, and must be available to employees at all times.28 These employers must report incidents involving the use of physical force against an employee by a patient (or a person accompanying a patient). This is true where the use of force results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, or the incident involved the use of a firearm or other dangerous weapon. The regulations also require employers to take immediate corrective action where a hazard was imminent and take measures to protect employees from identified serious workplace violence hazards within seven days of the discovery of the hazard. Additionally, the employers must maintain a “Violent Incident Log.” Certain acute care and special hospitals also must report violent incidents that resulted in an injury, involved the use of a firearm or other dangerous weapon, or present an urgent or emergent threat to the welfare, health or safety within 24 hours and all incidents within 72 hours.29 14.14 Electronic Submission of Cal/OSHA Forms Certain California employers must electronically submit their annual injury and illness data from Cal/OSHA Form 300A by March 2 of the year following the calendar year covered by the form. This requirement applies to establishments with 250 or more employees, as well as to establishments in designated industries with 20-249 employees. Establishments with 100 or more employees in designated industries also submit data from Cal/OSHA 300A and 301 forms.30 Some designated industries include agriculture, utilities, construction, and manufacturing, among others. 14.15 Valley Fever Training—”There’s Fungus Among Us!” Construction employers with employees working at worksites in counties where Valley Fever (a dirt-dwelling microscopic fungus) is highly endemic must provide annual effective awareness training on Valley Fever to all
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