LEGAL ISSUES
The Importance of Maintaining an Effective IIPP
By Collin D. Cook and Bret Martin, Fisher & Phillips LLP
H
as your Injury and Illness Prevention Program (IIPP) been gathering dust? Does it
address California’s new Heat Illness Prevention regulations? As Cal/OSHA steps up enforcement, it’s time to ensure you effectively implement and utilize your workplace safety program.
Don’t Let Your IIPP Gather Dust
Most contractors are aware that,
with limited exceptions, Title 8 of the California Code of Regulations, section 3203, requires you to “establish, implement and maintain” an effective written IIPP that sets forth your workplace safety program. While most contractors have a written safety program in some form, many are not actively implementing their IIPP. For example, to be effective, an
IIPP must identify specific workplace hazards faced by employees. As the tools utilized in your workplace evolve, the risks faced by your workers also change. A stagnant IIPP that doesn’t address new hazards essentially renders your IIPP deficient. Similarly, as you integrate new work methods and proce- dures, the makeup of your workforce changes; an IIPP that doesn’t apply to all of your workers, supervisors, and managers will be deemed incomplete.
An Effective Program Cal/OSHA has identified eight
elements that every effective IIPP must address in writing. Tey include: 1. Responsibility. Assign respon- sibility for implementing and maintaining the IIPP. Tis means you need to name an individual with company-wide authority and responsibility, and also specify whoever is responsible for implementing your IIPP “on the
18 May/June 2016
2. Compliance. Detail how you will ensure compliance by establishing procedures for communicating safety and health policies to employees and ensuring that your supervisors enforce safety rules in a fair and uniform fashion. For example, you must detail how your employees will be positively recognized when they engage in safe practices and disciplined and retrained when they commit unsafe practices.
ground”. Cook Martin
3. Communication. Ensure effective communication between super- visors and workers regarding safety and health issues. For instance, you should provide initial and continuing safety training and a method for anonymously reporting hazards.
4. Hazard Assessment. Establish an effective method of hazard assessment through periodic inspections. An effective IIPP establishes inspections at regular intervals and ensures inspections are triggered by certain key events.
8. Recordkeeping. Outline record- keeping so that you have clear written documentation of the steps you have taken to establish and implement the IIPP, including records of periodic inspections, action taken to correct hazards, employee training, and so forth.
An effective IIPP addresses both training for new hires and continuing safety training for all employees on an ongoing basis.
Of course, every contractor’s work
practices are different and therefore every IIPP will be unique.
Recent Changes to Regulations A Heat Illness Prevention Program
5. Investigation Procedures. Detail the procedure utilized when investigating accidents, near-accidents, and exposure to hazardous substances. A compliant IIPP identifies who is responsible for conducting the investigation, when the investigation will take place, and how witnesses will be interviewed.
(HIPP) is designed to prevent and treat heat illness. With limited exceptions, all California contractors that employ workers spending any time in “outdoor places of employment” are required to have a written HIPP in place. Criti- cally, the interior of some structures may be considered an “outdoor place of employment” if, for example, the structure lacks sufficient ventilation or cooling. Like IIPPs, an effective HIPP must
6. Hazard Correction. Address hazard correction – ask yourself, once unsafe or unhealthy working conditions are identified, what methods and procedures will you undertake to ensure timely correction? How will this corrective action be documented?
7. Training and Instruction. Discuss an effective method for training and instruction of employees.
be tailored to the unique practices of each contractor and the heat-related risks faced by its workforce. While the requirements are very particular, generally speaking, the key elements to an effective HIPP include access to water, access to shade, monitoring the weather, ensuring employees are properly “acclimatized” to heat condi- tions, and meaningful employee and supervisor training on heat illness. Contractors in certain industries, including construction, must also incorporate “high heat procedures” to
California Constructor
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24