©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 385 The model Workplace Prevention Plan published by Cal/OSHA includes all of the required information necessary for compliance. In addition to reporting, employers must also provide employees with initial training when the Plan is first established and conduct annual trainings to cover the Plan, how to report workplace violence hazards and incidents, how to seek assistance to prevent or respond to workplace violence, corrective measures implemented by the employer, strategies to avoid physical harm, and information about the violent incident log and how employees can obtain a copy. Employers must retain the log for 5 years and omit personal identifying information. Records of workplace violence incident investigations (which may not include medical information) are also subject to the 5-year retention requirement. Employees are entitled to view and copy the log within 15 calendar days of a request. SB 553 also expands Code of Civil Procedure section 527.8 to authorize collective bargaining representatives, not just employers, to petition for TROs on behalf of employees, allowing even more relief for employees faced with threats and violence. SB 553 also expands upon the actionable conduct necessary that gives rise to a TRO and amends section 527.8 to allow employers to seek a TRO on behalf of an employee where the employee suffers harassment––and not simply violence or threats of violence. 14.20 Changing Standard For Protection From Indoor Heat-Related Illness and Injury For almost 20 years, Cal/OSHA has distinguished itself from Federal OSHA in several ways, including maintaining a heat illness prevention standard with respect to employees working outdoors. Cal/OSHA also cited employers for indoor heat illness hazards under its Injury and Illness Prevention Program regulations. In 2016, SB 1167 was signed into law, which required Cal/OSHA to submit a proposal to the Standards Boards for new regulations on employee protection from indoor heat hazards.37 Since 2016, Cal/OSHA has revised the indoor heat standard several times, and the new standard was adopted on July 24, 2024. As noted above, the regulation applies to all indoor work areas where the temperature is 82 degrees Fahrenheit or greater and employees are present. Exceptions to this requirement include situations when employees are working from home/teleworking, have limited exposure to indoor heat, or face imminent life-threatening situations. The standard also requires employers to establish and maintain one or more cool-down areas at all times, encourage employees to take cool-down breaks, and provide employees access to fresh, pure, suitably cool, and free water close to work and cool-down areas. The regulation further requires employers to measure temperature and heat index (and record whichever is greater), have effective emergency response procedures, closely monitor new employees during heat waves, and train employees on indoor heat illness prevention. 1 Lab. Code § 6401.7. 2 8 Cal. Code Regs. § 3203(b). 3 8 Cal. Code Regs. § 5120. 4 8 Cal. Code Regs. § 3396. 5 Pen. Code § 387(a). 6 27 Cal. Code Regs. §§ 25600, et seq. 7 8 Cal. Code Regs. § 5194. 8 Lab. Code §§ 6310-6311. 9 Health & Safety Code § 1278.5. 10 Lab. Code § 6404.5(c). 11 Lab. Code § 6404.5(e)(1-7). 12 Gov’t Code § 8350 et seq.
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