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Section 7 of 7 · about 14% of the exam

Cal/OSHA Safety on the CSLB Exam: IIPP, Training, Injury Reporting, and Hazardous Materials

Updated

Every California employer must keep a written Injury and Illness Prevention Program (IIPP) (8 CCR §3203). Construction employers must also adopt a written Code of Safe Practices, and their supervisors must hold "toolbox" or "tailgate" safety meetings with their crews at least every 10 working days (8 CCR §1509). A serious injury must be reported to Cal/OSHA within 8 hours (8 CCR §342).

Safety is about 14% of the Law and Business exam, split into training and reporting requirements, general safety, and hazardous or unknown materials (CSLB study guide). CSLB does not say which rules the questions test, but its study guide lists the Title 8 Cal/OSHA Safety Orders as a reference. See also our Safety notes.

The employer's basic duty

Every employer must provide a workplace that is safe and healthful for its employees (Lab. Code §6400). On a site with more than one employer, Cal/OSHA may cite four kinds of employer:

Employer Who it is
Exposing Its employees were exposed to the hazard
Creating It created the hazard
Controlling It was responsible for safety on the site, by contract or in practice
Correcting It was responsible for actually fixing the hazard

The creating, controlling and correcting employers can be cited even if none of their own employees were exposed (Lab. Code §6400(b)). A general contractor that runs site safety can be cited for a subcontractor's hazard.

The IIPP: required elements

The IIPP must be in writing. At a minimum, it must (8 CCR §3203(a)):

  1. name the person or persons with authority and responsibility for the program;
  2. include a system to make sure employees follow safe work practices (for example recognition, training or discipline);
  3. include a system for communicating with employees about safety, in a form all of them can understand, that encourages them to report hazards without fear of reprisal;
  4. include procedures to find and evaluate hazards, including scheduled periodic inspections;
  5. include a procedure to investigate injuries and illnesses;
  6. include methods to correct hazards in a timely manner, based on how severe they are;
  7. provide training and instruction;
  8. allow employee access to the program.

The Labor Code also requires the program to include a workplace violence prevention plan (Lab. Code §6401.7(a)(7)).

Two of these details are easy to miss:

  • Imminent hazard. If a hazard cannot be fixed right away without endangering people or property, remove all exposed workers from the area except those needed to correct it. Give those workers the safeguards they need (8 CCR §3203(a)(6)).
  • Employee access. An employee or the employee's designated representative must get access within five business days of asking. The first printed copy is free (8 CCR §3203(a)(8)).

Construction add-ons: Code of Safe Practices and tailgate meetings

A construction employer's IIPP must meet section 3203, and the Construction Safety Orders add three duties (8 CCR §1509):

  • Code of Safe Practices. Adopt a written code that relates to your operations. Post it in a conspicuous place at each job site office, or give it to each supervisor, who must keep it readily available.
  • Supervisor meetings. Management must direct periodic meetings of supervisors to discuss safety problems and accidents.
  • Toolbox or tailgate meetings. Supervisors must hold "toolbox" or "tailgate" safety meetings, or equivalent, with their crews at least every 10 working days.

Training: when it is required

Under the IIPP, train workers (8 CCR §3203(a)(7)):

  • when the program is first set up;
  • when they are new employees, or get a new job assignment they have not been trained for;
  • when new substances, processes, procedures or equipment bring a new hazard, or the employer learns of a new hazard.

Supervisors must also learn the hazards their crews may face (8 CCR §3203(a)(7)(F)). In construction, new hires must also be told to read the Code of Safe Practices, and only qualified persons may run equipment (8 CCR §1510).

A licensed contractor may use training from a construction safety training program approved by Cal/OSHA. It then only has to give training on the hazards of each worker's own job (Lab. Code §6401.7(c)).

Inspections and recordkeeping

Record What it must show Keep for Source
Inspections Who inspected, hazards found, action taken At least 1 year §3203(b)(1)
Training Employee name or ID, dates, type of training, provider At least 1 year §3203(b)(2)

An employer with fewer than 10 employees may keep inspection records only until the hazard is corrected, may show training with a log of the hazard instructions given, and may communicate safe work practices orally (8 CCR §3203). It still needs the program.

Reporting injuries

There are two separate reports, and the exam likes to mix them up.

Report When it is required Deadline Goes to
Serious injury, illness or death Inpatient hospital stay (not just observation or tests), amputation, loss of an eye, serious permanent disfigurement, or death Immediately: no more than 8 hours after the employer knows, or with diligent inquiry would have known; up to 24 hours if it can show exigent circumstances Cal/OSHA, by phone or its online system (8 CCR §342, Lab. Code §6409.1(b))
Occupational injury or illness report Lost time beyond the day of the injury, or treatment beyond first aid Within 5 days after the employer learns of it Your workers' comp insurer, or the Department of Industrial Relations if you are not insured (Lab. Code §6409.1(a))

Key details:

  • Failing to make the immediate report can bring a civil penalty of at least $5,000 (Lab. Code §6409.1(b)).
  • An accident on a public street or highway is not a "serious injury" for this purpose, unless it happened in a construction zone (Lab. Code §6302(h)).
  • Silicosis and silica-related lung cancer count as serious illnesses (Lab. Code §6302(h)).

Common general safety rules

Most general safety rules are in the Construction Safety Orders. Some key numbers:

Topic Rule Source
Fall protection Required when a worker could fall more than 7½ feet from a structure's edge or through an opening that is not otherwise adequately protected 8 CCR §1670(a)
Trench cave-in protection Needed unless the trench is in stable rock, or is under 5 feet deep with no sign of a cave-in found by a competent person 8 CCR §1541.1(a)
Trench exit In trenches 4 feet or deeper, no more than 25 feet of lateral travel to a ladder, stairway or ramp 8 CCR §1541
Call before you dig Except in an emergency, notify the regional notification center at least 2 working days, and not more than 14 calendar days, before digging Gov. Code §4216.2(b)
Cal/OSHA permit Needed for trenches 5 feet or deeper that a worker must enter, and for building or demolishing structures more than three stories high Lab. Code §6500
Heat: shade Shade must be present when it is over 80°F 8 CCR §3395(d)
Heat: water Enough for one quart per employee per hour for the whole shift, if not continuously supplied 8 CCR §3395(c)

Hazardous and unknown materials

Hazard communication. For hazardous chemicals (8 CCR §5194):

  • Keep a written hazard communication program.
  • Keep a safety data sheet (SDS) for each hazardous chemical, readily available to workers in their work area during every shift.
  • If crews travel between job sites during a shift, SDSs may be kept at a central place, but workers must be able to get the information immediately in an emergency.
  • Train workers when they are first assigned and whenever a new chemical hazard is added.

Asbestos.

  • Thermal system insulation and surfacing material in buildings built no later than 1980 is presumed to contain asbestos unless shown otherwise (8 CCR §1529).
  • An employer that discovers asbestos material on a site must tell the owner and the other employers on the site within 24 hours (8 CCR §1529(k)(4)).
  • Asbestos-related work on 100 square feet or more of material requires registration with Cal/OSHA (Lab. Code §6501.5). It also requires a C-22 Asbestos Abatement classification, or a qualifier who has passed CSLB's asbestos certification exam (Bus. & Prof. Code §7058.5).

Lead. Planned lead work of the listed types must be reported in writing to the nearest Cal/OSHA District Office at least 24 hours before it starts. Work that disturbs less than 100 square or 100 linear feet of lead-containing material is exempt from this notice (8 CCR §1532.1(p)).

Other hazardous substances. For removal or remedial work that digs up and removes material at a listed hazardous substance release site, the qualifier must pass a hazardous substance certification exam (Bus. & Prof. Code §7058.7).

Unknown materials found while digging. A local public works contract with excavations deeper than four feet must require the contractor to notify the agency in writing, promptly and before disturbing them, of possible hazardous waste or differing site conditions. If the two sides disagree, the contractor keeps working (Pub. Contract Code §7104).

Exam traps

  • Tailgate meetings: every 10 working days (§1509).
  • Serious injury report: to Cal/OSHA, within 8 hours. The 5-day report goes to the insurer (§342, §6409.1).
  • IIPP inspection and training records: 1 year. With fewer than 10 employees, inspection records can be kept only until the hazard is corrected (§3203).
  • The controlling employer can be cited even if none of its own workers were exposed (§6400).

Sources

Read the Section 7 study notes: Safety

Practice questions

Think of your answer first, then open the explanation.

  1. Safety

    1. Under the Cal/OSHA Construction Safety Orders, how often must supervisors hold "toolbox" or "tailgate" safety meetings with their crews?

    • A. At least every 5 working days
    • B. At least every 10 working days
    • C. At least every 20 working days
    • D. At least every 30 working days
    Show answer

    Correct answer: B

    • A. At least every 5 working days

      Meeting every 5 working days is allowed, but the rule only requires meetings at least every 10 working days.

    • B. At least every 10 working days

      Correct answer

      Correct: supervisors must hold toolbox or tailgate safety meetings, or the equivalent, with their crews at least every 10 working days.

    • C. At least every 20 working days

      Waiting 20 working days is too long. The rule requires meetings at least every 10 working days.

    • D. At least every 30 working days

      Waiting 30 working days is too long. The rule requires meetings at least every 10 working days.

    Explanation

    Title 8 section 1509 says supervisors must hold toolbox or tailgate safety meetings, or the same kind of meeting, with their crews at least every 10 working days. The meetings are short talks that keep safety in front of the crew. Waiting 20 or 30 working days is too long. Every 5 working days is allowed, but the rule only requires every 10 working days.

    Source

  2. Safety

    2. A contractor has 25 employees. Under the Injury and Illness Prevention Program (IIPP) rule, how long must it keep records of its scheduled safety inspections?

    • A. At least 3 months
    • B. At least 6 months
    • C. At least 1 year
    • D. At least 3 years
    Show answer

    Correct answer: C

    • A. At least 3 months

      Three months is too short. Section 3203 requires inspection records to be kept for at least one year.

    • B. At least 6 months

      Six months is too short. The rule requires inspection records to be kept for at least one year.

    • C. At least 1 year

      Correct answer

      Correct. Records of scheduled and periodic inspections must be kept for at least one year, and the small-employer exception does not apply to a contractor with 25 employees.

    • D. At least 3 years

      Three years is longer than this rule requires. The minimum is at least one year.

    Explanation

    Title 8 section 3203 says records of scheduled and periodic inspections must be kept for at least one year. The records show who did the inspection, what unsafe conditions were found, and what was done to fix them. Three or six months is too short. Three years is longer than this rule requires. (Employers with fewer than 10 employees have a special exception, but this contractor has 25.)

    Source

  3. Safety

    3. An employee is seriously injured on the job. Under Title 8 section 342, in normal conditions, what is the longest time the employer may take to report it to Cal/OSHA?

    • A. 2 hours after the employer knows of the injury
    • B. 8 hours after the employer knows of the injury
    • C. 24 hours after the employer knows of the injury
    • D. 5 days after the employer knows of the injury
    Show answer

    Correct answer: B

    • A. 2 hours after the employer knows of the injury

      Two hours is not the limit. The report must be made as soon as practically possible, but the longest allowed is 8 hours after the employer knows of the injury.

    • B. 8 hours after the employer knows of the injury

      Correct answer

      Correct. Section 342 requires immediate reporting, meaning as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the serious injury.

    • C. 24 hours after the employer knows of the injury

      A 24-hour limit applies only when the employer can show exigent (emergency) circumstances, not in normal conditions. The normal limit is 8 hours.

    • D. 5 days after the employer knows of the injury

      Five days is the deadline for a different report, the employer's injury report under Labor Code section 6409.1. The Cal/OSHA report under section 342 is due within 8 hours.

    Explanation

    Section 342 says a serious injury, illness, or death must be reported to Cal/OSHA immediately. Immediately means as soon as practically possible, but not longer than 8 hours after the employer knows, or should have known, about it. A 24-hour time limit applies only when the employer can show exigent (emergency) circumstances. Five days is the deadline for a different report, the employer's injury report under Labor Code section 6409.1.

    Source

  4. Safety

    4. A contractor's crews travel to several job sites during each shift. Under the Hazard Communication standard, where may the safety data sheets (SDSs) be kept?

    • A. Only in each worker's own vehicle, kept with them at every job site
    • B. Anywhere, because traveling crews do not need access to SDSs
    • C. Only at the chemical supplier's office, available by mail request
    • D. At a central place, if workers can get them immediately in emergencies
    Show answer

    Correct answer: D

    • A. Only in each worker's own vehicle, kept with them at every job site

      The rule lets the sheets be kept at a central location at the primary workplace facility. It does not limit them to each worker's own vehicle.

    • B. Anywhere, because traveling crews do not need access to SDSs

      Traveling crews still need access. The employer must make sure employees can immediately get the information in an emergency.

    • C. Only at the chemical supplier's office, available by mail request

      The rule allows a central location at the primary workplace facility, not the supplier's office. A mail request would not let workers get the information immediately in an emergency.

    • D. At a central place, if workers can get them immediately in emergencies

      Correct answer

      Correct. When crews travel between workplaces during a shift, the sheets may be kept at a central location at the primary workplace facility, as long as employees can immediately get the information in an emergency.

    Explanation

    Title 8 section 5194 says that when employees travel between workplaces during a shift, the safety data sheets may be kept at a central location at the primary workplace facility. But the employer must make sure employees can immediately get the information in an emergency. Traveling crews still need access, so the sheets cannot be kept just anywhere or only at the supplier's office.

    Source

  5. Safety

    5. A contractor on a city public works contract is digging a trench 6 feet deep. It finds material it believes may be hazardous waste. Under Public Contract Code section 7104, what must the contractor do?

    • A. Remove the material and send the city the bill later
    • B. Keep digging and mention it in the final project report
    • C. Notify the city in writing promptly, before disturbing it
    • D. Call the CSLB and stop all work on the whole contract
    Show answer

    Correct answer: C

    • A. Remove the material and send the city the bill later

      Removing the material first breaks the rule. The contractor must notify the city in writing before the conditions are disturbed.

    • B. Keep digging and mention it in the final project report

      Waiting for a final report is too late. The contractor must notify the city in writing promptly, before the material is disturbed.

    • C. Notify the city in writing promptly, before disturbing it

      Correct answer

      Correct: on a local public works trench deeper than four feet, the contractor must promptly notify the local public entity in writing, before the conditions are disturbed, of material it believes may be hazardous waste.

    • D. Call the CSLB and stop all work on the whole contract

      Section 7104 does not involve the CSLB. The required step is prompt written notice to the local public entity, here the city.

    Explanation

    Public Contract Code section 7104 covers local public works contracts with trenches or excavations deeper than four feet. The contract must require the contractor to notify the local public entity in writing, promptly and before the conditions are disturbed, of material it believes may be hazardous waste. Removing it first or waiting for a final report breaks this rule. The section does not involve the CSLB.

    Sources