Changes in the “Golden State” – Updates in California

Lots of changes this year in California.  Here are just a couple of the major developments you should be aware of if you are running a business in California:

San Francisco Amends Ban-the-Box Law

On April 3, 2018, San Francisco amended its Fair Chance Ordinance. The amended ordinance, which will take effect on October 1, 2018, will significantly impact employers that employ, or seek to employ, individuals to work eight hours or more per week in San Francisco. As with the existing ordinance, the amended ordinance will apply to employers that employ full-time, part-time, temporary, seasonal, contract, contingent, and commission-based employees. The amended ordinance, however, will dramatically increase the number of employers to which it applies. While the existing ordinance applies to employers that employ 20 or more employees, the amended ordinance will apply to employers that employ as few as 5 employees worldwide. The amended ordinance will also apply to job placement agencies, referral agencies, and other employment agencies, as well as city contractors and subcontractors.

Hotel Workers Musculoskeletal Injury Prevention

The Cal/OSHA Standards Board approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The final regulation was recently approved by the Office of Administrative Law and will be effective July 1.

Requirements

As a preliminary matter, the new standard applies to “lodging establishments,” which it defines as establishments that contain sleeping room accommodations that are rented or otherwise provided to the public, such as hotels, motels, resorts, and bed and breakfast inns.

Under the new rule, each covered employer is required to establish and maintain a written musculoskeletal injury prevention program (MIPP) that addresses hazards that are specific to housekeeping. The standard specifies that the MIPP may be incorporated into an existing injury and illness prevention program (IIPP) or maintained as a separate program and must be readily accessible each work shift to employees (including electronic access).

Required elements of the MIPP

  • Worksite evaluations for identifying and evaluating housekeeping hazards. The initial evaluation must be completed within three months of the effective date of the standard and shall be reviewed and updated annually (or earlier if needed). The MIPP must include an effective means of involving housekeepers and their union representative in designing and conducting the worksite evaluation.
  • Specific risks identified. The work site evaluation must identify and address potential risks to housekeepers, including (1) slips, trips and falls; (2) prolonged or awkward static postures; (3) extreme reaches and repetitive reaches above shoulder height; (4) lifting or forceful whole body or hand exertions; (5) torso bending, twisting, kneeling and squatting; (6) pushing and pulling; (7) falling and striking objects; (8) pressure points where a part of the body presses against an object or surface; (9) excessive work-rate; and (10) inadequate recovery time between housekeeping tasks.
  • Injury investigations. Procedures to investigate musculoskeletal injuries to housekeepers including whether required tools or control measures were being used appropriately.
  • Corrective measures. Methods for correcting hazards identified in the work site evaluation or injury investigation (again including housekeepers and their union representative).
  • Required when the MIPP is first established, to new hires, to all housekeepers given new job assignments, when new equipment or practices are introduced, and at least annually thereafter.
  • Record-keeping. Including the MIPP, work site evaluations, and training records.

As a result, the new standard became effective July 1. Hotel employers will need to begin conducting work site evaluations, drafting MIPPs and training their housekeeping staff

If you need assistance with any ongoing regulations, changes in state law, or any other HR related matter, please reach out to your assigned DecisionHR Human Resources Business Partner at 1-888-828-5511.