292 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 6399 Employers Must Obtain Updated MSDS from Manufacturers on Request from Employee, Union, Physician. Employer must request MSDS from manufacturer within seven days of request by employee, union rep, or employee’s physician, if employer (a) has not requested MSDS on the substance within prior 12 months and does not have MSDS on the substance, or (b) has not requested update to MSDS from manufacturer within past six months. Employers who do not receive response from manufacturer within 25 days of request must send copy of request to director with note that no response has been received. LC 2699 6399.7 No Discrimination Against Whistleblowers. Employers must not discharge or discriminate against employees for filing complaints or instituting proceeding relating to hazardous substances. LC 2699 6400 Safe and Healthful Environment Required. Employers, including joint employers, must furnish a safe and healthful workplace. LC 2699 6401, 6403, 6406 Employers Must Provide and Maintain Safety Devices. Employers must supply safety devices and safeguards and processes reasonably adequate to render employment safe and healthful. Employer must do everything reasonably necessary to protect employee safety and health. Employers must not (a) remove or damage any safety device or warning furnished for use in employment, (b) interfere with the use thereof, or (c) interfere with process adopted for employee protection, or (d) fail or neglect to do every other thing reasonably necessary to protect the life, safety, and health of employees. LC 2699 6401.7 Injury Illness Prevention Program Required. Employers must maintain effective injury prevention programs, timely correct unsafe and unhealthy conditions and practices, comply with employee training obligations, and record steps taken to implement their IIPPs. LC 2699 6402 No Employees in Unsafe Places. Employers must not require or permit employees to go or be anywhere that is not safe and healthful. LC 2699 6404 All Workplaces Must Be Safe and Healthful. Employers must not occupy or maintain any place of employment that is not safe and healthful. LC 2699 6404.5 Smoking Restrictions. Employers generally must prohibit smoking in all enclosed workplace spaces. Exceptions: (1) 20% of guestroom accommodations in lodging establishments, (2) retail or wholesale tobacco shops and private smokers’ lounges, (3) cabs of motortrucks, (4) theatrical production sites, if smoking is an integral part of the theatrical story, (5) medical research or treatment sites, if smoking is integral to research and treatment, (6) private residences, except for licensed family day care homes, (7) patient smoking areas in long-term health care facilities. Penalties are $100 for a first violation, $200 for a second violation within one year, and $500 for each further violation within one year. LC 6404.5
RkJQdWJsaXNoZXIy OTkwMTQ4