6/30/2011
Hazard Communication
A Hazard Communication (Title 8 CCR, Section 5194) written program is required for all employers regardless of size (1 employee or more). In summary the regulation requires that your written program address the following:
- Responsible person and outlined responsibilities
- Inventory of all hazardous substances utilized by your company
- A MSDS (material data safety sheet) for each hazardous substance identified in the inventory
- Container labeling
- Emergency Procedures
- Employee training
- Multiemployer issues
- Prop. 65
NCBE has a template written Hazard Communication Program available to our members. Contact Hallie at hallie@ncbeonline.com or (707) 542-9502 for more information.
Follow the link to Cal/OSHA's Guide to the California Hazard Communication Regulation which provides good information about the requirements, it also has some good training information.
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6/1/2011
Reporting Guidelines
Cal/OSHA provides that an employer, officer, management official, or supervisor who knowingly fails to report a death to Cal/OSHA or knowingly induces another to do so is guilty of a misdemeanor and will face penalty of up to one year in jail, a fine of up to $15,000 or both. If the violator is a corporation or limited liability company, the fine could be up to $150,000.
Employers are required to IMMEDIATELY (within 8 hours of knowledge) report the following types of incidents by telephone or in person to the nearest Cal/OSHA District office. **Local Cal/OSHA phone number: (707) 576-2388**
Fatalities
Serious injuries/accidents:
Any Injury or Illness to one or more employee that requires hospitalization for a period of 24 (twenty-four) hours or longer.
Any employee that suffers a loss of any member of the body.
Any employee that suffers a serious degree of physical disfigurement.
Serious Exposures:
One or more employees that have been exposed to a hazardous substance and the exposure is to the extent that there is substantial probability that death or serious physical harm could result in the present or future.
Catastrophe:
Inpatient hospitalization of 3 or more employees due to a workplace hazard or condition, regardless of duration of hospitalization or if actual treatment is administered.
When an incident is being reported: The District office personnel will request the following information:
1. Establishment name 6. Identity of injured employee
2. Identity of reporting person 7. Nature of Injury
3. Time and date of the incident 8. Location of medical facility 4. Address/location of incident 9. Identity of agencies present 5. Contact person and phone number 10. Description of Incident
It is important that employers comply with the reporting requirements. Public Agencies are required to immediately report to the nearest District office any of the above referenced situations. There is an automatic $5,000 fine associated with not reporting.
Important: Exemption from Recording requirements (10 employees or less, exempt SIC Codes) does not exempt employers from this Reporting requirement.
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5/12/2011
AB2774 Not Employer Friendly...
Article by Fred Walter of Walter & Prince LLP...
Changes at Fed/OSHA under the Obama Administration The political wind has shifted in Washington. The federal Occupational Safety and Health Administration, a 40-year-old government agency with a half-billion dollar annual budget, has often been accused of lax enforcement of federal safety regulations, and so — despite the data — the pendulum is swinging dramatically to ...
Link to regulation http://www.assembly.ca.gov/acs/acsframeset2text.htm
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5/12/2011
Cal/OSHA Consultation Service
Cal/OSHA Consultation is a free service that provides safety and health services to employers. It is completely separate from the enforcement branch of Cal/OSHA. No fines or citations are issued by Consultation. How it works:
Requesting assistance
An employer contacts the local Cal/OSHA consultation office to request an onsite visit. The request will be assigned to a consultant who will contact the employer to schedule a date and time for the visit.
Preparing for the Visit
Have ready the following: Company safety programs, workers’ compensation loss runs, Cal/OSHA Form 300’s (if this applies), training records.
Opening Conference
The visit will open with a conference where the consultant will explain the process, what is expected, etc. For union companies, the union representative should be present. Employee participation is also welcome.
Reviewing Your Safety Record
The consultant will help identify hazards by analyzing your past injuries/illnesses. The focus will be on preventing future losses
Program Review
The consultant will review all written safety programs and assess how well they are being implemented. Materials will be available to assist with setting up an effective Injury and Illness Prevention Program.
Inspection
The consultant will then conduct a walk-around inspection and help identify and correct unsafe conditions and work practices.
Closing Conference
At the end of the visit, the consultant will summarize the findings and timeframes for correcting hazards with a written report to follow.
The catch? All hazards identified must be corrected in the timeframe agreed upon. For more information about Cal/OSHA consultation go to: http://www.dir.ca.gov/dosh/consultation.html or you can call 1-800-963-9424 (State wide number)
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5/12/2011
Heat Illness Prevention Workshop
State Fund to host a Heat Illness Prevention workshop on Jue 2, 2011 9 am to 11 am at the Santa Rosa office located at 1450 Neotomas Road, Santa Rosa. Go to www.statefundca.com to register
Recently, there have been significant changes to Cal/OSHA's Heat Illness Prevention Standard that can impact your operations. State Fund and Cal/OSHA invite owners, supervisors, and trainers who are responsible for employee training to learn how Cal/OSHA interprets and enforces the revised standard as it applies to:
•Access to Water
•Access to Shade
•Written Procedures
•Employee/Supervisor Training
•High-heat environments
These seminars will feature a speaker from Cal/OSHA Consultation Service. Cal/OSHA speakers will also provide an update on AB2774, which redefines the term "serious violation" and reforms the manner in which Cal/OSHA establishes such violations.
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5/11/2011
Link to Heat Illness Regulation
Link to the new Heat Illness Regulation and other resources.
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1/21/2011
State Fund Appoints Two New Executive Officers
California’s largest workers’ comp insurance provider names new Chief Risk Officer, and Chief Financial Officer
January 21, 2011
San Francisco – State Compensation Insurance Fund announced today the appointments of a new Chief Risk Officer and Chief Financial Officer, completing the search to fill remaining vacancies on its executive team.
Ken Van Laar was selected as the new CRO, while Daniel J. Sevilla, Jr., who has served in an interim role since October 2010, was also confirmed today as the new CFO. Both appointees bring extensive industry experience to California's largest workers' compensation insurance provider.
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1/14/2011
State Fund Targets 200M in Operating Costs Savings
We’ve been California’s largest provider of workers’ compensation insurance for nearly 100 years. We exist to provide California businesses a strong and stable choice for their workers’ compensation insurance. In order to position ourselves even more strongly for the future, we are announcing a geographic strategy that will result in significant operating cost savings.
We will reduce our real estate footprint over the next three years and consolidate operations into areas of the state where it is more economical to do business. We expect to save nearly $200 million in operating costs, delivering a more efficient and agile insurer, better prepared to effectively manage the cost of workers’ compensation for all Californians.
Beginning in September 2011, we will significantly reduce the size of our Home Office presence in San Francisco and relocate many corporate functions to their offices in Pleasanton, Vacaville, and Sacramento. Over the next three years we will also consolidate our regional Claims and Underwriting functions into central locations in Eureka, Redding, Sacramento, Stockton, Pleasanton, Fresno, Bakersfield, Monterey Park, Riverside, and Santa Ana.
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1/5/2011
New Appointments to State Fund Board of Directors
January 3, 2011
Governor Schwarzenegger named Larry Mulryan State Fund's new Board chairman. He replaces Jeanne Cain, whose term expired.Mulryan joined State Fund's Board of Directors in 2008. He was formerly the executive director of the California Insurance Guarantee Association, and served as State Fund's Interim President in 2007...
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1/5/2011
Time to Post OSHA 300 A Form
If you have greater than 10 employees (anytime in a calendar year) it is required by Cal/OSHA (Sections 14300-14300.48 of Chapter 7 Subchapter 1 of Title 8) that you post the OSHA form 300A Summary of Work-Related Injuries and Illnesses from February 1st through April 30th.
Review your OSHA 300 log (for the 2010 calendar year) for accuracy, correct any deficiencies, and total all the columns on your OSHA 300 log. Transfer the totals from the OSHA 300 Log to the appropriate lines on the 300A Summary (the 300A form identifies the columns on the 300 log for you). You must complete the OSHA form 300A Summary even if you had no work-related injuries or illnesses, just fill in zeros on the lines provided.
After ensuring the form is completely filled out then a company executive must certify that he has examined the Cal/OSHA Form 300 and reasonably believes, based on knowledge of the process by which the information was recorded, that the annual summary is correct and complete. The Form 300A must be posted in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material (Your employee posting area, a break room or area, by the time clock, are all examples of places you can post the 300A form).
If you have greater than 10 employees and don’t have a 300 Log or form 300A. You can also go online at http://www.californiaosha.info/ click on “Forms and Instructions” and you can download or print out the forms. Instructions on how to fill out each form are located here, another bonus, the Excel spreadsheet from this website will automatically fill in the totals from the OSHA 300 log to the 300 A form for you. As always, you can also contact Hallie Fraser at (707) 542-9502 or hallie@ncbeonline.com to get the forms.
Article by Hallie Fraser, Workers’ Comp & Safety Director for North Coast Builders Exchange
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6/28/2010
Construction Work and Young Workers
It’s getting to be the time of year when many employers hire “summer workers” to augment their workforce. Many of these workers may be teenagers working a summer job. Unfortunately, it’s common for an inexperienced young worker to get hurt on the job, sometimes seriously.
It’s important for employers to remember that there are labor laws and OSHA laws that protect young workers. There are restrictions as to the type of work and the hours a teen can work. The following are some guidelines for California, but if you are hiring (or have hired) a teen worker, it is important for you to know the laws that protect them (and your company).
No one under 18 may:
• Drive a motor vehicle on public streets as part of the job, or as an outside helper on a motor vehicle.
• Operate power-driven machinery:
o Meat slicers
o Bakery machines (including dough mixers)
o Box crushers/compactors
o Woodworking machines
o Metalworking machines
o Punches
o Hoists
o Forklifts
o Circular saws
o Band saws
o Guillotine shears
• Handle, serve, or sell alcoholic beverages
• Be exposed to radioactive substances or ionizing radiation
• Work in:
o Wrecking or demolition
o Excavation
o Logging or sawmills
o Roofing
o Manufacturing brick or tile
o Manufacturing or storage of explosives
o Mining
o Meat packing or processing
• Mix, load, or apply Category I pesticides
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6/17/2010
NEW Product Available
NEW!
Now available on this website - Safety Clips. Each Safety Clip has two parts, an inspection and a tailgate safety meeting. These can be used separately but the intent is to use them together. First, do the inspection then provide training on any deficiencies that are found from the inspection using the tailgate topic.
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6/17/2010
State Fund Announces Awards for Better Performing Accounts
State Fund Announces Rewards for Better-Performing Accounts and No Mid-Year Increase In Collectible Premium
State Fund announces positive news for policyholders: we will not file for a mid-year rate increase. Instead, State Fund will give underwriters greater flexibility to reward better-performing accounts by revising our manual rate levels, merit rating and claims free discount programs. The move should reduce average prices for better performing small and midsized accounts. The revisions will apply to new and renewal workers’ compensation policies with an effective date on or after July 1, 2010.
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3/4/2010
Finding MSDS
Do you know where to find MSDS (Material Safety Data Sheets)? First you need to do an inventory of all chemicals your company may utilize. Write down the chemical name, manufacturer and phone number. Once you have your list compiled you can acquire MSDS from several different sources: 1) The supplier of hte chemicals are required to provide MSDS upon request. 2) The manufacturer. You can call them and simply tell them the name of the chemical and they’ll fax or mail you the most current MSDS.
3) Online. Many MSDS are now available online. A couple great websites for searching for MSDS are: http://www.ilpi.com/msds/index.html#What and http://www.msdssearch.com/Default.htm. Also, most manufacturers have their MSDS on their websites (i.e. 3M, Dupont, etc.).
If you already have your MSDS and Hazard Communication program implemented, remember you need to review it “periodically” (at least once per year) to make sure all MSDS are current and that you have a MSDS for each chemical used. If you have questions about the Hazard Communication Program requirements or MSDS, contact Hallie at (707) 542-9502 or hallie@ncbeonline.com.
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3/1/2010
2010 Workers' Comp Changes
2010 Workers’ Compensation Changes
We’ve compiled highlights of some changes for 2010, to keep you informed about regulations and issues impacting workers’ compensation insurance in California.
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6/1/2009
State Fund Files 15% Premium Increase Effective July 1, 2009
May 29, 2009 - State Compensation Insurance Fund today announced it has filed a mid-year rate plan that reflects a 15 percent increase in collectible premium. The revised rates will apply to new and renewal workers’ compensation policies effective on or after July 1, 2009.
“The principal driver of the premium increase is medical inflation,” said Jan Frank, State Fund CEO and president. Medical treatment costs have increased 16 percent annually for the past three years, according to the most recent report published by California's Workers Compensation Insurance Rating Bureau.
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4/2/2009
NEW Heat Illness Prevention Enforcement Q&A
NEW! Interpretations from CAL/OSHA on Heat Illness Prevention thresholds, when shade is required, etc. Clarifies some of the vague parts of the regulation and what enforcement will be looking for.
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3/1/2009
ERGOMATTERS
ErgoMatters® are short articles written by State Fund's team of ergonomics experts. Each article is designed to provide technical or background information on a specific issue pertaining to ergonomics in the workplace.
There are over 60 to choose from.
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3/4/2008
New Employee's Guide to Workers' Compensation rev: 3/05
The current version of the New Employee's Guide to Workers' Compensation. This brochure/information is required to be given to new employees for their review and for them to have the opportunity to pre-designate a physician...
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1/7/2008
State Fund's Executive Summary Response
State Fund Welcomes Department of Insurance's Report
"State Fund has already accomplished or begun to implement most of the recommendations in CDI's report."
SCIF Executive Summary Response to CDI report...
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1/7/2008
SCIF's Full Response to CDI Report
State Fund Welcomes Department of Insurance's Report
"State Fund has already accomplished or begun to implement most of the recommendations in CDI's report."
SCIF Full Response to CDI Report...
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1/7/2008
Pneumatic Nailers/Staplers Regulatory Update
Pneumatic Nailers/Staplers Regulatory Update:
The Occupational Safety and Health Standards Board (OSHSB) approved revisions to Construction Safety Order §1704. Pneumatically-Driven Nailers and Staplers. The revisions were approved by the Office of Administrative Law and the effective date is November 30, 2007.
See link for full regulation...
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5/4/2007
State Fund to Receive Over $100,000 in Restitution From Los Angeles Businessman in Workers’ Compensation Fraud Case
State Fund to Receive Over $100,000 in Restitution From Los Angeles Businessman in Workers’ Compensation Fraud Case
May 02, 2007
LOS ANGELES/SAN FRANCISCO – Los Angeles Superior Court Judge David Horwitz ordered Rogelio Mata, owner of Rogma Construction Services, to pay full restitution to State Fund of $100,000 after pleading no contest to one count of Insurance Code Section 11880 - insurance premium fraud. Judge Horwitz also sentenced Mata to three days in county jail.
Mr. Mata operated Rogma Construction Services out of his Los Angeles home, and represented his company to State Fund – a workers’ compensation insurance carrier – as a construction clean-up service rather than a construction demolition company. Construction demolition requires more expensive category for workers’ compensation premiums. Rogma Construction Services had 15 to 20 employees, and while Mata reported the correct total payroll to State Fund, he reported it in a lesser-rate class code in order to pay less for his premiums...
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5/4/2007
New Excavation/Trenching Regulations Now in Place
New requirements for trenching/excavations were approved by the OAL and became effective on March 31, 2007. All excavaton related work must now follow these regulations. Section 1541 of Construction Safety Orders.
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5/4/2007
New Regulation Regarding New Production-Type Residential Construction
New and revised regulations relating to roof hazards for production-type residential construction approved by the OAL and effective April 1, 2007. Section 1730 and 1731 of the Construction Safety Orders.
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4/4/2007
San Diego Contractor Pays State Fund $129,000 in Workers' Compensation Insurance Fraud Case
San Diego Contractor Pays State Fund $129,000 in Workers' Compensation Insurance Fraud Case
March 29, 2007
SAN DIEGO/SAN FRANCISCO -- San Diego County Superior Court Judge David Danielsen ordered the owner of a San Diego area tree service company to pay $129,000 in restitution to the State Compensation Insurance Fund as a result of a workers’ compensation insurance fraud case. Kenneth Bojok, 65, who owns Lakeside-based Ken Bojok Tree Service, was also sentenced to 3 years informal probation and ordered to do 250 hours of community service as part of his conviction on one count of workers’ compensation insurance premium fraud and one count of tax evasion...
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6/27/2006
New Law will Require All Roofing Contractors to Have Workers' Comp Coverage
Sacramento – A new law signed by Governor Arnold Schwarzenegger on Friday May 26 affects roofing contractors in California. Assembly Bill (AB) 881 contains new licensing requirements for all 6,000 licensees with an active Roofing (C-39) classification. If you hold the Roofing (C-39) classification, you must take action as outlined below or your right to perform roofing work in California will be suspended until you comply with the new law.
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8/26/2005
State Fund To Disclose Broker Commissions To Policyholders
State Compensation Insurance Fund has announced that it will disclose broker commissions to policyholders beginning October 1, 2005. Insurance quotes and terms letters will display the commission rate paid to brokers for the placement of their workers’ compensation policy with State Fund.....
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7/22/2005
Employer Convicted in Worker's Death
A construction company and its owner were convicted this week in Los Angeles Superior Court of willfully violating the Construction Safety Orders on fall protection and floor openings, leading to the death of a worker in 2002.....
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2/15/2005
Reform Update #3 Medical Provider Networks
One of the most anticipated savings provisions of Workers' Compensation Reform (SB899) is for employers to use a medical provider network (MPN) for the treatment of on-the-job injuries to workers.....
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9/3/2004
Reform Update #1 Physician Predesignation
A significant change in workers' compensation law became effective April 19, 2004, and it applies to all dates of injury. Senate Bill (SB) 899 changed the Labor Code (LC) section 4600 requirements for predesignating a personal physician....
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