Cal/OSHA has expanded its Injury and Illness Prevention Program (IIPP) guidance pertaining to the hazard of COVID-19 in the workplace. Employers who have not reviewed and updated their IIPPs to address COVID-19 should do so now. The guidance now states that, “For most California workplaces, adopting changes to their IIPP is mandatory since COVID-19 is widespread in the community.”
Cal/OSHA provided an extensive list of particular “infection prevention measures” and training topics and specifically stated that employers must “include [those] infection prevention measures in a written IIPP when applicable to the workplace.”
The required minimum elements of a written IIPP are governed under Title 8, CCR 3203(a). Therefore, without formal or emergency rulemaking (and appropriate notice and comment periods for the public), Cal/OSHA cannot, sua sponte add additional written requirements to the IIPP standard. However, merely because OSHA may not be able to cite an employer directly for failing to include all their applicable precautions in the employer’s written IIPP, that does not preclude Cal/OSHA from finding your IIPP ineffective. In other words, it is assumed that should an employer’s IIPP be under review – for a COVID-related issue or otherwise – Cal/OSHA will use their listed infection prevention measures as a benchmark to gauge the effectiveness of an IIPP as it relates to COVID-19.
While employers may not legally be required to list every single applicable Ca/OSHA precaution directly in their written IIPPs, it makes good sense to do so, or at a minimum, to be sure that they are actually implementing these precautions in the workplace. We recommend that employers review and revise their IIPPs with the assistance of their legal counsel.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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