HEAT STRESS IN THE CONSTRUCTION WORKPLACE GHS Pictogram Poster There are nine pictograms under the GHS to convey the health, physical and environmental hazards. The hazard pictograms and their corresponding hazards are displayed on our GHS Pictogram Poster. Provide an easy-to-access reminder of the GHS Pictograms close at hand. ✓ Easy to read ✓ Displays 9 new GHS Pictograms ✓ Post in locations where employees can view ✓ Full color 18”(w) x 24”(h) fully-laminated poster Heat Stress Training Poster Employees who are aware of the potential dangers of over exposure to heat and humidity are less likely to become a victim of Heat Stress or any associated illness. The Heat Stress Training Poster can assist the employer in training their employees on the dangers of heat stress and heat related illnesses. The Heat Stress Training Poster includes: ✓ How to identify signs of Heat Stroke and Heat Exhaustion ✓ How to prevent incidents of Work Site Heat Stress ✓ How to best deal with a Work Site emergency relating to Heat Stress ✓ Steps workers and employers can take to minimize work site heat illness and injuries The Heat Stress Training Poster is: ✓ Fully Laminated on both sides ✓ Available in English or Spanish ✓ 24”(w) x 18”(h) Labor Law Posters State and federal law requires employers to post labor law notices in the workplace. These mandatory postings include the OSHA Posting, Federal Minimum Wage, FMLA, USERRA and various state specific notices. Labor law posters should be displayed somewhere apparent to all employees on a daily basis, such as a break room or main lobby. If you have multiple locations, then each workplace should display its own posters. Failure to post mandatory labor law notices can result in hefty fines and lawsuits. Federal and State fines are imposed by various agencies. These fines may vary. Failure to comply with posting regulations can result in fines of up to $17,000 per location (29 USC Sec. 666(i) and 29 USC Sec. 2005). Our State and Federal Labor Law Posters: ✓ Include both State and Federal labor law postings ✓ Attorney-approved ✓ Laminated on both sides ✓ Available in English or Spanish ✓ State Poster: 18”(w) x 24”(h) or 24”(w) x 36”(h) depending on State ✓ Federal Poster: 18”(w) x 24”(h) Call our award winning customer service for more poster options. State Required are outlined in Blue Recommended are outlined in Gray POSTER LEGEND WASHINGTON To Order Any Additional Required Postings Or For More Information, Please Call . . . Your Rights as a Worker in Washington State Your Rights as a Worker in Washington State WA-ST Rev. 07/03/13 Copyright © 2013 ELITE BUSINESS VENTURES, INC. Discrimination Prohibited Washington State Law Prohibits Discrimination in Employment PROHIBITED UNFAIR EMPLOYMENT PRACTICES: WASHINGTON STATE HUMAN RIGHTS COMMISSION The law prohibits unfair employment practices based on the following protected classes: IF YOU HAVE BEEN DISCRIMINATED AGAINST PLEASE CONTACT THE WASHINGTON STATE HUMAN RIGHTS COMMISSION: 1-800-233-3247 Voice or 1-800-300-7525 TTY www.hum.wa.gov Se Habla Español Language interpreters are available. Accommodationsto people with disabilities will be made. • Race • Age (40 years of age and older) • Honorably discharged veteran • Color • HIV, AIDS, and Hepatitis C status or military status • National Origin • Marital status • Retaliation for filing a whistleblower • Sex • Pregnancy or maternity complaint with the state auditor • Creed • Sexual orientation or • Retaliation for filing a nursing • Disability gender identity home abuse complaint • Use of a service animal • Retaliation for opposing an unfair by a person with a disability a person practice with a disability AN EMPLOYER OF EIGHT (8) OR MORE EMPLOYEES MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS. FOR EXAMPLE, AN EMPLOYER CANNOT: • Refuse to hire you or discharge you from employment. • Discriminate in compensation of other terms or conditions of employment. • Print, circulate, or use any discriminatory statement, advertisement, publication, job application form. • Make any inquiry in connection with prospective employment that is discriminatory. LABOR UNIONS MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS. FOR EXAMPLE, A LABOR UNION CANNOT: • Deny membership or membership rights and privileges. • Expel from membership. • Failing to represent a person in the collective bargaining unit. EMPLOYMENT AGENCIES MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS. FOR EXAMPLE, AN EMPLOYMENT AGENCY MAY NOT • Discriminate in classification or referrals for employment. • Print or circulate any discriminatory statement, advertisement, or publication. • Use discriminatory employment application forms,or inquiries made in connection with prospective employment. (Revised 08/07) 2013 minimum wage: $9.19 per hour Washington’s minimum wage will be $9.19 per hour beginning January 1, 2013. Workers who are 14 or 15 years old may be paid 85% of the adult minimum wage, or $7.81. FY13-102 [09-2012] Announcement For more information about Washington’s minimum wage law, see the required workplace poster Your Rights as a Worker in Washington State or visit www.WorkplaceRights.Lni.wa.gov . Minimum Wage Job Safety and Health Protection Job Safety and Health Law Teen Corner (information for teens age 14-17) PUBLICATION F700-074-909 [06-2013] • The minimum age for work is generally 14, with different rules for ages 16–17 and for ages 14–15. • Employers must have a minor work permit to employ teens. This requirement applies to family members except on family farms. • Teens don’t need a work permit; however, parents must sign the parent/school permission form provided by the employer. If you work during the school year, a school official must sign too. • Many jobs are not allowed for anyone under 18 because they are not safe. • Work hours are limited for teens; more restrictions apply during school weeks. • If you are injured on the job, ask your health-care provider to help you file a workers’ compensation claim. Meal and rest breaks for teens • In agriculture, teens of any age get a meal period of 30 minutes if working more than five hours, and a 10-minute paid break for each four hours worked. • In all other industries, teens who are 16 or 17 must have a 30-minute meal period if working more than five hours, and a 10-minute paid break for each four hours worked. They must have the rest break at least every three hours. Teens who are 14 or 15 must have a 30-minute meal period no later than the end of the fourth hour, and a 10-minute paid break for every two hours worked. You can learn more about teen safety, work hours and prohibited jobs: • Online www.TeenWorkers.Lni.wa.gov. • Call or visit any L&I office or call toll-free: 1-866-219-7321. • Email a question to [email protected] Other formats for persons with disabilities are available on request. Call 1-800-547-8367. TDD users, call 360-902-5797. L&I is an equal opportunity employer. Human trafficking is against the law For victim assistance, call the National Human Trafficking Resource Center at 1-888-3737-888, or the Washington State Office of Crime Victims Advocacy at 1-800-822-1067. It’s the law! Employers must post this notice where employees can read it. Contact L&I Need more information? Questions about filing a worker rights complaint? Online: www.WorkplaceRights.Lni.wa.gov Call: 1-866-219-7321, toll-free Visit: www.Offices.Lni.wa.gov Email: [email protected] About required workplace posters Go to www.Posters.Lni.wa.gov to learn more about workplace posters from L&I and other government agencies. Wage and Hour Laws Workers must be paid the Washington minimum wage Workers in all industries who are 16 years of age or older must be paid at least the minimum wage for all hours worked. Workers who are 14 or 15 may be paid 85% of the minimum wage. Need to know the current minimum wage? See “Contact L&I” below. Tips cannot be counted as part of the minimum wage. Overtime pay is due when working more than 40 hours You must be paid one and one-half times your regular rate of pay for all hours worked over 40 in a fixed seven-day workweek that is designated by your employer. Agricultural workers are generally exempt from overtime. There are a few exceptions to minimum wage and overtime laws A few occupations are not covered by minimum wage or overtime requirements under limited circumstances. See www.WorkplaceRights. Lni.wa.gov and click on “Minimum Wage” or “Overtime & Exemptions.” Unless you are exempt, you cannot waive the right to minimum wage or overtime pay. Workers need meal and rest breaks Most workers are entitled to a 30-minute unpaid meal period if working more than five hours in a day. If you must remain on duty or work during your meal period, you must be paid for the 30 minutes. Most workers are entitled to a 10-minute paid rest break no later than the end of the third hour. Your employer may schedule the break or allow “mini” breaks, such as two five-minute rest breaks. Agricultural workers must have a 10-minute paid rest break within each four-hour period of work. If you are under 18, check out the Teen Corner to see break requirements. Your employer must schedule a regular payday You must be paid at least once a month on a regularly scheduled payday. Your employer must give you a pay statement showing the number of hours worked, rate of pay, number of piece work units (if piece work), gross pay, the pay period and all deductions taken. You must agree to deductions from pay Your employer may deduct from your wages when required by state or federal law and for certain other deductions under an agreement between you and your employer. For complete information, go to www.WorkplaceRights.Lni.wa.gov and click on “Pay Requirements.” Other workplace posters from L&I Go to www.Posters.Lni.wa.gov to learn more about workplace posters from L&I and other government agencies. Call: 1 1-800-423-7233 or360-902-5495 Division of Occupational Safety and Health Department of Labor & Industries P.O. Box 44600 Olympia WA 98504-4600 Website: www.Lni.wa.gov/Safety Mail: PUBLICATION F416-081-909 [12-2012] Other formats for persons with disabilities are available on request. Call 1-800-547-8367. TDD users, call 360-902-5797. L&I is an equal opportunity employer Where to report • Any local L&I office or • 1-800-423-7233, press 1 (available 24/7) Employers must report a fatality or hospitalization If one or more work-related deaths, probable deaths or in-patient hospitalizations occur, you must notify L&I DOSH within eight hours with the following information: • Employer contact person and phone number. • Name, address and location of the workplace. • Date and time of the incident. • Number of fatalities or hospitalized employees. • Names of the employees. • Brief description of what happened. It’s the law! Employers must post this notice where employees can read it. The Washington Industrial Safety and Health Act (WISHA) protects the safety and health of employees on the job in Washington State (Chapter 49.17 RCW). The Washington Industrial Safety and Health Act (WISHA) protects the safety and health of employees on the job in Washington State (Chapter 49.17 RCW). Employers and employees: You should read this entire notice to understand your rights and responsibilities. The Washington State Department of Labor & Industries (L&I), Division of Occupational Safety and Health (DOSH), administers WISHA and: • Inspects workplaces to identify hazards and improve safety. • Investigates work-related fatalities, hospitalizations and complaints of unsafe workplaces. • Provides free on-site consultations to help employers identify and fix hazards. • Offers education and training to promote safer workplaces Contact us This poster describes important parts of the law. Please contact us if you have questions about your rights or responsibilities. Employers — You have a legal obligation to protect employees on the job Employees — You have a right to a safe and healthy workplace The U.S. Department of Labor monitors the workplace safety and health program in Washington State and other states that operate under state statute and regulations. If you have a complaint about the administration of Washington State’s program, write to: Occupational Safety and Health Administration Region 10, 1111 - 3rd Ave., Suite 715, Seattle, WA 98101-3212. Employers must provide workplaces free from recognized hazards that could cause employees serious harm or death. Actions you must take • Comply with all workplace safety and health rules that apply to your business, including developing and implementing a written accident prevention plan (also called an APP or safety program). • Post this notice to inform your employees of their rights and responsibilities. • Prior to job assignments, train employees how to prevent hazardous exposures and provide required personal protective equipment at no cost. • Allow an employee representative to participate in an L&I safety/health inspection, without loss of wages or benefits. The L&I inspector may talk confidentially with a number of employees. Firing or discriminating against any employee for filing a complaint or participating in an inspection, investigation, or opening or closing conference is illegal. Citations and penalties L&I will issue a citation if the inspector identifies violations of workplace safety and health rules. The citation will include a date for correcting them. You must prominently display the citation at or near the place of the violation for a minimum of three days. You cannot remove it until you correct the violation. L&I can fine you for failing to comply with workplace safety and health requirements. The law also provides for criminal penalties under certain conditions. Appeals • You may appeal any citation, penalty or abatement-correction due date. • You must correct any serious violations by the correction due date even if you appeal. • You may be granted a “stay” of this abatement requirement if you request it at the same time you appeal a violation. You must allow an employee representative to attend all meetings between you and L&I if you appeal a citation. Your employer must protect you from hazards you encounter on the job, tell you about them and provide training. You have the right to: • Notify your employer or L&I about workplace hazards. You may ask L&I to keep your name confidential. •Request an L&I inspection of the place you work if you believe unsafe or unhealthy conditions exist. You or your employee representative may participate in an inspection. •Get copies of your medical records, including records of exposures to toxic and harmful substances or conditions. • File a complaint with L&I within 30 days if you believe your employer fired you, or retaliated or discriminated against you because you filed a safety complaint, participated in an inspection or other safety-related activity, or exercised any of your rights under WISHA. To file a discrimination complaint, go to www.Lni.wa.gov/Safety and click on “File a Complaint” or call 360-902-6088. • Appeal a violation correction date if you believe the time allowed on the citation is not reasonable. The law requires you to follow workplace safety and health rules that apply to your own actions and conduct on the job. Leave Laws Family care, family leave and other leave-related laws are summarized below. To learn more, go to www.WorkplaceRights.Lni.wa.gov and click on “Leave & Benefits.” Washington Family Care Act: Use of paid leave to care for sick family If you work for an employer with a paid-leave policy (sick, vacation, certain employer-provided short-term disability plans, or other paid time off), you are allowed to use your choice of paid leave to care for sick family. Family includes: • Children under age 18 with a health condition that requires supervision or treatment. • Spouse, registered domestic partner, parent, parent-in-law or grandparent with a serious or emergency health condition. • Adult son or daughter incapable of self-care due to a disability. Federal Family and Medical Leave Act (FMLA) The federal FMLA requires covered employers to provide up to 12 weeks of unpaid job-protected leave every 12 months to eligible employees for certain family and medical reasons. Employees are eligible if they: • Worked for their employer for at least 1,250 hours over the previous 12 months; and • The company has at least 50 employees within 75 miles. For more information, contact the U.S. Department of Labor at 1-866-487-9243 or visit www.dol.gov/whd/fmla. Washington Family Leave Act: Additional leave for pregnancy and domestic partner care Women who qualify for leave under the federal FMLA (above) may be entitled to additional state family leave for sickness or disability due to pregnancy. Also, Washington’s Family Leave Act provides up to 12 weeks leave to FMLA-eligible registered domestic partners or same-sex spouses who need to care for an ill partner/spouse. Pregnancy-related disability protected from discrimination A woman with a pregnancy-related disability is entitled to time off and job protection if she works for an employer with eight or more employees. Her health-care provider determines the amount of time off needed. For more information, contact the Washington State Human Rights Commission at www.hum.wa.gov or call 1-800-233-3247. Leave for victims of domestic violence, sexual assault or stalking Victims and their family members are allowed to take reasonable leave from work for legal or law-enforcement assistance, medical treatment, counseling, relocation, meetings with their crime victim advocate or to protect their safety. Leave for military spouses during deployment Spouses or registered domestic partners of military personnel who receive notice to deploy or who are on leave from deployment during times of military conflict may take a total of 15 days unpaid leave per deployment. Your employer may not fire you or retaliate against you for using your leave for these reasons or for filing a complaint alleging a violation of these leave laws. Employment Security Department WASHINGTON STATE Ifyour work hours havebeen reduced to part-time, you may qualify for partial unemployment benefits. If you have been unemployed due to a work-related injury or non-work-related illness or injury and are nowable to work again, youmay be eligible for special unemployment benefits. Employers are legally required to post this notice inaplace convenient for employees to read (see RCW 50.20.140). The Employment Security Department is an equal-opportunity employer and provider of programs and services. Auxiliary aidsand services are available upon request to people with disabilities. Auxiliary aids may include qualified interpreters and telecommunication devices (TTY) for hearing- orspeech-impaired individuals. Individuals with limited English proficiency may request free interpretive services to conduct business with the department. EMS 9874 . CC 7540-032-407 . Rev 4/12 . UI-biz-poster-EN Unemployment Benefits You may be eligible for unemployment benefits if you lose your job Log onto www.esd.wa.gov to apply To apply for unemployment, you will need: • Your Social Security number. • Dates you started and stopped working for each employer. • Names and addresses of everyone you • Reasons you left each job. worked forin the last two years. • Your alienregistration number if you are not a U.S. citizen. If you were in the military within the last 24 months, we will also ask you to fax or mail us a copy of your discharge papers (Form DD214). You can apply online unless: • You worked in two or more states in the last 24 months. • You worked in only one state other than Washington in the last 24 months. • You were totally disabled for at least 13 consecutive weeks due to a work-related injury or a non-work related injury or illness, AND you were released for work by your doctor within the last 12 months. You also can apply for unemployment over the phone Call 800-318-6022 (TTY 800-365-8969). We are available to help you Monday through Friday from 8 a.m. to 5 p.m., except on state holidays. We may be open extended hours during peak periods. If your Social Security number ends with: 0 thru 3, call Monday 4 thru 7, call Tuesday 8 thru 9, call Wednesday Please call on your designated day. If you miss your day, you may call on Wednesday, Thursday or Friday of the same week without any delay in payment. Customers with active claims may call any day of the week. You must look for work each week that you claim benefits VisitWorkSource to find all the FREE resources youneed to find a job. These include workshops, computers, copiers, phones, faxmachines, Internet access, and newspapers. Log onto www.go2worksource.com to find the nearest office. CALIFORNIA CA-ST Rev. 08/29/13 Copyright © 2013 Elite Business Ventures, Inc. Required for employers with 5-49 employees State Required are outlined in Blue Required for employers with 50+ employees 1-888-306-7377 DFEH-100-21 (11/12) If you are pregnant, have a related medical condition, or are recovering from childbirth, PLEASE READ THIS NOTICE. • California law protects employees against discrimination or harassment because of an employee’s pregnancy, childbirth or any related medical condition (referred to below as “because of pregnancy”). California also law prohibits employers from denying or interfering with an employee’s pregnancy-related employment rights. • Your employer has an obligation to: ◦ reasonably accommodate your medical needs related to pregnancy, childbirth or related conditions (such as temporarily modifying your work duties, providing you with a stool or chair, or allowing more frequent breaks); ◦ transfer you to a less strenuous or hazardous position (where one is available) or duties if medically needed because of your pregnancy; and ◦ provide you with pregnancy disability leave (PDL) of up to four months (the working days you normally would work in one-third of a year or 17 ¹⁄ weeks) and return you to your same job when you are no longer disabled by your pregnancy or, in certain instances, to a comparable job. Taking PDL, however, does not protect you from nonleave related employment actions, such as a layoff. ◦ provide a reasonable amount of break time and use of a room or other location in close proximity to the employee's work area to express breast milk in private as set forth in Labor Code section 1030, et seq. • For pregnancy disability leave: ◦ PDL is not for an automatic period of time, but for the period of time that you are disabled by pregnancy. Your health care provider determines how much time you will need. ◦ Once your employer has been informed that you need to take PDL, your employer must guarantee in writing that you can return to work in your same position if you request a written guarantee. Your employer may require you to submit written medical certification from your health care provider substantiating the need for your leave. ◦ PDL may include, but is not limited to, additional or more frequent breaks, time for prenatal or postnatal medical appointments, doctor-ordered bed rest, “severe morning sickness,” gestational diabetes, pregnancy-induced hypertension, preeclampsia, recovery from childbirth or loss or end of pregnancy, and/or post-partum depression. ◦ PDL does not need to be taken all at once but can be taken on an as-needed basis as required by your health care provider, including intermittent leave or a reduced work schedule, all of which counts against your four month entitlement to leave. ◦ Your leave will be paid or unpaid depending on your employer’s policy for other medical leaves. You may also be eligible for state disability insurance or Paid Family Leave (PFL), administered by the California Employment Development Department. ◦ At your discretion, you can use any vacation or other paid time off during your PDL. ◦ Your employer may require or you may choose to use any available sick leave during your PDL. ◦ Your employer is required to continue your group health coverage during your PDL at the level and under the conditions that coverage would have been provided if you had continued in employment continuously for the duration of your leave. ◦ Taking PDL may impact certain of your benefits and your seniority date; please contact your employer for details. Notice obligations as an Employee: • Give your employer reasonable notice: To receive reasonable accommodation, obtain a transfer, or take PDL, you must give your employer sufficient notice for your employer to make appropriate plans – 30 days advance notice if the need for the reasonable accommodation, transfer or PDL is foreseeable, otherwise as soon as practicable if the need is an emergency or unforeseeable. • Provide a Written Medical Certification from Your Health Care Provider. Except in a medical emergency where there is no time to obtain it, your employer may require you to supply a written medical certification from your health care provider of the medical need for your reasonable accommodation, transfer or PDL. If the need is an emergency or unforeseeable, you must provide this certification within the time frame your employer requests, unless it is not practicable for you to do so under the circumstances despite your diligent, good faith efforts. Your employer must provide at least 15 calendar days for you to submit the certification. See your employer for a copy of a medical certification form to give to your health care provider to complete. • PLEASE NOTE that if you fail to give your employer reasonable advance notice or, if your employer requires it, written medical certification of your medical need, your employer may be justified in delaying your reasonable accommodation, transfer, or PDL. This notice is a summary of your rights and obligations under the Fair Employment and Housing Act (FEHA). For more information about your rights and obligations as a pregnant employee, contact your employer, visit the Department of Fair Employment and Housing’s Web site at www.dfeh.ca.gov, or contact the Department at (800) 884-1684. The text of the FEHA and the regulations interpreting it are available on the Department’s Web site. DFEH-100-20 (11/12) • Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with your employer and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse. • Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take pregnancy disability leave (PDL) of up to four months, or the working days in one-third of a year or 17⅓ weeks, depending on your period(s) of actual disability. Time off needed for prenatal or postnatal care; doctor-ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery from childbirth or loss or end of pregnancy would all be covered by your PDL. • Your employer also has an obligation to reasonably accommodate your medical needs (such as allowing more frequent breaks) and to transfer you to a less strenuous or hazardous position if it is medically advisable because of your pregnancy. • If you are CFRA-eligible, you have certain rights to take BOTH PDL and a separate CFRA leave for reason of the birth of your child. Both leaves guarantee reinstatement to the same or a comparable position at the end of the leave, subject to any defense allowed under the law. If possible, you must provide at least 30 days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or a family member). For events that are unforeseeable, you must to notify your employer, at least verbally, as soon as you learn of the need for the leave. • Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. • Your employer may require medical certification from your health care provider before allowing you a leave for: ◦ your pregnancy; ◦ your own serious health condition; or ◦ to care for your child, parent, or spouse who has a serious health condition. • See your employer for a copy of a medical certification form to give to your health care provider to complete. • When medically necessary, leave may be taken on an intermittent or a reduced work schedule. If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is two weeks and you must conclude the leave within one year of the birth or placement for adoption or foster care. • Taking a family care or pregnancy disability leave may impact certain of your benefits and your seniority date. Contact your employer for more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits. This notice is a summary of your rights and obligations under the Fair Employment and Housing Act (FEHA). The FEHA prohibits employers from denying, interfering with, or restraining your exercise of these rights. For more information about your rights and obligations, contact your employer, visit the Department of Fair Employment and Housing’s Web site at www.dfeh.ca.gov, or contact the Department at (800) 884-1684. The text of the FEHA and the regulations interpreting it are available on the Department’s Web site. Unemployment Insurance benefits based on wages earned while employed by a public or nonprofit educational institution may not be paid during a school recess period if the employee has reasonable assurance of returning to work at the end of the recess period (California Unemployment Insurance Code Section 1253.3). Benefits based on other covered employment may be payable during recess periods if the unemployed individual is in all other respects eligible, and the wages earned in other covered employment are sufficient to establish an unemployment insurance claim after excluding wages earned from a public or nonprofit educational institution(s). NOTE: Some employees may be exempt from unemployment and disability insurance coverage. CU DE 1857D Rev. 17 (5-11) (INTERNET) SAFETY AND HEALTH PROTECTION ON THE JOBState of California Department of Industrial Relations California law provides job safety and health protection for workers under the Cal/OSHA program. This poster explains the basic requirements and procedures for compliance with the state’s job safety and health laws and regulations. The law requires that this poster be displayed. (Failure to do so could result in a penalty of up to $7,000.) HELP IS AVAILABLE: To learn more about job safety rules, you may contact the Cal/OSHA Consultation Service for free information, required forms and publications. You can also contact a local district office of the Division of Occupational Safety and Health. If you prefer, you may retain a competent private consultant, or ask your workers’ compensation insurance carrier for guidance in obtaining information. OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Call the FREE Worker Information Hotline - 1-866-924-9757 HEADQUARTERS: 1515 Clay Street, Ste. 1901, Oakland, CA 94612 — Telephone (510) 286-7000 Bakersfield Concord Foster City Fremont/San Jose Fresno Los Angeles Modesto Oakland Sacramento San Bernardino San Diego San Francisco Santa Ana Santa Rosa Torrance Van Nuys West Covina 7718 Meany Avenue, Bakersfield 93308 1450 Enea Circle Suite 525, Concord 94520 1065 East Hillsdale Blvd. Suite 110, Foster City 94404 39141 Civic Center Dr. Suite 310, Fremont 94538 2550 Mariposa St. Room 4000, Fresno 93721 320 West Fourth St. Room 670, Los Angeles 90013 4206 Technology Dr. Suite 3, Modesto 95356 1515 Clay St. Suite 1301, Oakland 94612 2424 Arden Way Suite 165, Sacramento 95825 464 West Fourth St. Suite 332, San Bernardino 92401 7575 Metropolitan Dr. Suite 207, San Diego 92108 455 Golden Gate Ave. Rm. 9516, San Francisco 94105 2000 E. McFadden Ave, Ste. 122, Santa Ana 92705 1221 Farmers Lane Suite 300, Santa Rosa 95405 680 Knox St. Suite 100, Torrance 90502 6150 Van Nuys Blvd. Suite 405, Van Nuys 91401 1906 West Garvey Ave. S. Suite 200, West Covina 91790 (661) 588-6400 (925) 602-6517 (650) 573-3812 (510) 794-2521 (559) 445-5302 (213) 576-7451 (209) 545-7310 (510) 622-2916 (916) 263-2800 (909) 383-4321 (619) 767-2280 (415) 557-0100 (714) 558-4451 (707) 576-2388 (310) 516-3734 (818) 901-5403 (626) 472-0046 (510) 286-1066 (916) 263-2803 (714) 558-4300 (626) 471-9122 Cal/OSHA Consultation Service (559) 454-1295 (510) 622-2891 (916) 263-0704 (909) 383-4567 (619) 767-2060 (818) 901-5754 (714) 562-5525 Headquarters: 2000 E. McFadden Ave. #214, Santa Ana, CA 92705 — (714) 558-4411 1901 North Gateway Blvd. Suite 102, Fresno 93727 1515 Clay St. Suite 1103 Oakland 94612 2424 Arden Way Suite 410 Sacramento 95825 464 West Fourth St. Suite 339 San Bernardino 92401 7575 Metropolitan Dr. Suite 204 San Diego 92108 6150 Van Nuys Blvd. Suite 307 Van Nuys 91401 1 Centerpointe Suite 150 La Palma 90623 • Fresno/Central Valley • Oakland/Bay Area • Sacramento/Northern CA • San Bernardino • San Diego/Imperial Counties • San Fernando Valley • Santa Fe Springs/Los Angeles/Orange County • Sacramento 2424 Arden Way–Suite 485, Sacramento 95825 (916) 263-5750 Enforcement of Cal/OSHA job safety and health standards is carried out by the Division of Occupational Safety and Health, under the California Department of Industrial Relations, which has primary responsibility for administering the Cal/OSHA program. Safety and health standards are promulgated by the Occupational Safety and Health Standards Board. Anyone desiring to register a complaint alleging inadequacy in the administration of the California Occupational Safety and Health Plan may do so by contacting the San Francisco Regional Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor (Tel: 415-975-4310). OSHA monitors the operation of state plans to assure that continued approval is merited. Polls are open from 7:00 a.m. to 8:00 p.m. each Election Day. If you are scheduled to be at work during that time, California law allows you to take up to two hours o to vote, without losing any pay. You may take as much time as you need to vote, but only two hours of that time will be paid. Your time o for voting can be only at the beginning or end of your regular work shift, unless you make another arrangement with your employer. If you think you will need time o to vote, you must notify your employer at least two working days prior to the election. Debra Bowen CALIFORNIA LAW PROHIBITS WORKPLACE DISCRIMINATION AND HARASSMENT California Elections Code Section 14000 www.soso.ca.gov (800) 345-VOTE (8683) "NOTICE A" YOUR RIGHTS AND OBLIGATIONS AS A PREGNANT EMPLOYEE “NOTICE B” FAMILY CARE AND MEDICAL LEAVE AND PREGNANCY DISABILITY LEAVE The California Department of Fair Employment and Housing (DFEH) enforces laws that protect you from illegal discrimination and harassment in employment based on your actual or perceived: • Ancestry • Age (40 and above) • Color • Disability (physical and mental, including HIV and AIDS) • Genetic information • Gender, gender identity, and gender expression • Marital status • Medical condition (genetic characteristics, cancer or a record or history of cancer) • National origin (includes language use restrictions) • Race • Religion (includes religious dress and grooming practices) • Sex (includes pregnancy, childbirth, breastfeeding and/or related medical conditions) • Sexual orientation The California Fair Employment and Housing Act (Government Code sections 12900 through 12996) and its implementing regulations (California Code of Regulations, title 2, sections 7285.0 through 8504): • Prohibit harassment of employees, applicants, and independent contractors by any persons and require employers to take all reasonable steps to prevent harassment. This includes a prohibition against sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding and/or related medical conditions, as well as harassment based on all other characteristics listed above. • Prohibit employers from limiting or prohibiting the use of any language in any workplace unless justified by business necessity. The employer must notify employees of the language restriction and consequences for violation. • Require that all employers provide information to each of their employees on the nature, illegality, and legal remedies that apply to sexual harassment. Employers may either develop their own publications, which must meet standards set forth in California Government Code section 12950, or use a brochure from the DFEH. • Require employers with 50 or more employees and all public entities to provide sexual harassment prevention training for all supervisors. • Require employers to reasonably accommodate an employee or job applicant’s religious beliefs and practices, including the wearing or carrying of religious clothing, jewelry or artifacts, and hair styles, facial hair, or body hair, which are part of an individual’s observance of his or her religious beliefs. • Require employers to reasonably accommodate employees or job applicants with a disability to enable them to perform the essential functions of a job. • Permit job applicants and employees to file complaints with the DFEH against an employer, employment agency, or labor union that fails to grant equal employment as required by law. • Prohibit discrimination against any job applicant or employee in hiring, promotions, assignments, termination, or any term, condition, or privilege of employment. • Require employers, employment agencies, and unions to preserve applications, personnel records, and employment referral records for a minimum of two years. • Require employers to provide leaves of up to four months to employees disabled because of pregnancy, childbirth, or a related medical condition. • Require an employer to provide reasonable accommodations requested by an employee, on the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions. • Require employers of 50 or more persons to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child; the placement of a child for adoption or foster care; for an employee’s own serious health condition; or to care for a parent, spouse, or child with a serious health condition. The law also requires employers to post a notice informing employees of their family and medical leave rights. • Require employment agencies to serve all applicants equally, refuse discriminatory job orders, and prohibit employers and employment agencies from making discriminatory pre-hiring inquiries or publishing help-wanted advertisements that express a discriminatory hiring preference. • Prohibit unions from discriminating in member admissions or dispatching members to jobs. • Prohibit retaliation against a person who opposes, reports, or assists another person to oppose unlawful discrimination. The law provides for remedies for individuals who experience prohibited discrimination or harassment in the workplace. These remedies include hiring, front pay, back pay, promotion, reinstatement, cease-and-desist orders, expert witness fees, reasonable attorney’s fees and costs, punitive damages, and emotional distress damages. Job applicants and employees: If you believe you have experienced discrimination, you may file a complaint with the DFEH. Independent contractors: If you believe you have been harassed, you may file a complaint with the DFEH. Complaints must be filed within one year of the last act of discrimination/harassment or, for victims who are under the age of 18, not later than one year after the victim’s eighteenth birthday. For more information contact (800) 884-1684; TTY (800) 700-2320; videophone for the hearing impaired (916) 226-5285; [email protected]; or www.dfeh.ca.gov. Government Code section 12950 and California Code of Regulations, title 2, section 7287, require all employers to post this document. It must be conspicuously posted in hiring offices, on employee bulletin boards, in employment agency waiting rooms, union halls, and other places employees gather. In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or voice recording as a disability-related accommodation for an individual with a disability. To discuss how to receive a copy in an alternative format, please contact the DFEH at the telephone numbers or e-mail address above. 1515 Clay Street, Ste. 16-22A, Oakland 94612 2424 Arden Way Suite 300, Sacramento 95825 2000 E. McFadden Ave. Ste. 119, Santa Ana 92705 750 Royal Oaks Drive, Ste 104, Monrovia 91016 Oakland Sacramento Santa Ana Monrovia April 2013 Disability Insurance (funded entirely by employees’ contributions) When you are unable to work or reduce your work hours because of sickness, injury, or pregnancy, you may be eligible to receive Disability Insurance (DI) benefits. Your employer must provide a copy of Disability Insurance Provisions, DE 2515, to each newly hired employee and to each employee leaving work due to pregnancy or due to sickness or injury that is not job related. To file a claim: Online, create an account at www.edd.ca.gov/disability. This is the easiest and fastest way to file a new claim and obtain claim status information. By mail,Êobtain the new data capturing Claim for Disability Insurance Benefits (Optical Character Recognition), DE 2501, through your employer, doctor’s office, hospital, by calling us at 1-800-480-3287, or online at www.edd.ca.gov/forms. Note:ÊIf your employer maintains an approved Voluntary Plan for DI coverage, contact your employer for assistance. FOR MORE INFORMATION ABOUT DI, PLEASE VISIT www.edd.ca.gov/disability OR CONTACT DI CUSTOMER SERVICE BY PHONE AT 1-800-480-3287. STATE GOVERNMENT EMPLOYEES SHOULD CALL 1-866-352-7675. TTY (FOR DEAF OR HEARING-IMPAIRED INDIVIDUALS ONLY) IS AVAILABLE AT 1-800-563-2441. Paid Family Leave (funded entirely by employees’ contributions) When you stop working or reduce your work hours to care for a family member who is seriously ill or to bond with a new child, you may be eligible to receive Paid Family Leave (PFL) benefits. Your employer must provide a copy of Paid Family Leave Program Brochure, DE 2511, to each newly hired employee and to each employee leaving work to care for a seriously ill family member or to bond with a new child. To file a claim: Online, create an account at www.edd.ca.gov/disability. This is the easiest and fastest way to file a new claim and obtain claim status information. By mail, obtain the new data capturing Claim for Paid Family Leave Benefits (Optical Character Recognition), DE 2501F, through your employer, doctor’s office, hospital, by calling us at 1-877-238-4373, or online at www.edd.ca.gov/forms. Note: If your employer maintains an approved Voluntary Plan for PFL coverage, contact your employer for assistance. FOR MORE INFORMATION ABOUT PFL, PLEASE VISIT www.edd.ca.gov/disability OR CONTACT CUSTOMER SERVICE BY PHONE AT 1-877-238-4373. STATE GOVERNMENT EMPLOYEES SHOULD CALL 1-877-945-4747. TTY (FOR DEAF OR HEARING-IMPAIRED INDIVIDUALS ONLY) IS AVAILABLE AT 1-800-445-1312. NOTE:Ê SOME EMPLOYEES MAY BE EXEMPT FROM COVERAGE BY THE ABOVE INSURANCE PROGRAMS. IT IS ILLEGAL TO MAKE A FALSE STATEMENT OR TO WITHHOLD FACTS TO CLAIM BENEFITS. FOR ADDITIONAL GENERAL INFORMATION, VISIT THE EDD WEBSITE AT www.edd.ca.gov. DE 1857A Rev. 41 (12-12) (INTERNET) GA 888/CU THIS EMPLOYER IS REGISTERED UNDER THE CALIFORNIA UNEMPLOYMENT INSURANCE CODE AND IS REPORTING WAGE CREDITS THAT ARE BEING ACCUMULATED FOR YOU TO BE USED AS A BASIS FOR: Unemployment Insurance (funded entirely by employers’ taxes) When you are unemployed or working less than full time and are ready, willing, and able to work, you may be eligible to receive Unemployment Insurance (UI) benefits. There are three ways to file a claim: Internet File online with eApply4UI—the fast, easy way to file a UI claim! Access eApply4UI at https://eapply4ui.edd.ca.gov/. Telephone File by contacting a customer service representative at one of the toll-free numbers listed below: English 1-800-300-5616 Spanish 1-800-326-8937 Cantonese 1-800-547-3506 Vietnamese 1-800-547-2058 Mandarin 1-866-303-0706 TTY (non voice) 1-800-815-9387 Mail or Fax File by mailing or faxing UI Application, DE 1101I, by accessing the paper application online at www.edd.ca.gov/unemploymentÊThe paper application can be filled out online and printed, or printed and completed by hand. Then the application can be mailed or faxed to an EDD office for processing. Note:Ê File promptly. If you delay in filing, you may lose benefits to which you would otherwise be entitled. Supplemental Job Displacement Benefit: A nontransferable voucher payable for education-related retraining or skill enhancement, or both, including payment of tuition, fees, books, computer equipment and other expenses required by the school for retraining or skill enhancement; purchase of tools required by a training or education program in which the employee is enrolled. For injuries occurring on or after 1/1/04, but before 1/1/13, you may be eligible for this benefit if your injury results in a permanent disability that prevents you from returning to work within 60 days after your TD ends, and your employer does not offer you modified or alternative work. For injuries occuring on or after 1/1/13, you maybe eligible for this benefit if your injury results in a permanent disability that prevents you from returning to work within 60 days of your employer receiving a report from either your primary treating physician, an agreed medical evaluator or a qualified medical evaluator finding all of your conditions permanent and stationary, and your employer does not offer you regular, modified or alternative work. Return to Work Fund: Supplemental payments to workers whose permanent disability benefits are disproportionately low in comparison to their earning loss. Eligibility to be determined by the Department of Industrial Relations. For more information please contact the Department of Industrial Relations, www.dir.ca.gov. (11/12) For more information about your workers’ compensation coverage, the Workers’ Compensation Insurance Rating Bureau of California (WCIRB), has provided this website: www.caworkcompcoverage.com. This notice has been approved by the Administrative Director of the Division of Workers’ Compensation. : Note: If contacting us to file a claim, you must contact us by Friday to receive credit for the week. If calling, Mondays are our busiest days. For faster service, call Tuesday through Thursday. Amends General Minimum Wage Order and IWC Industry and Occupation Orders The Division of Labor Standards Enforcement believes that the sample posting below meets the requirements of Labor Code Section 1102.8(a). This document must be printed to 8.5 x 11 inch paper with margins no larger than one-half inch in order to conform to the statutory requirement that the lettering be larger than size 14 point type. It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a state or federal rule or regulation. Who is protected? Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. “Employee” means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California. (California Labor Code Section 1106 ) What is a whistleblower? A “whistleblower” is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses: 1. A violation of a state or federal statute, 2. A violation or noncompliance with a state or federal rule or regulation or 3. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment. What protections are afforded to whistleblowers? 1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower. 2. An employer may not retaliate against an employee who is a whistleblower. 3. An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. 4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment. Under California Labor Code Section 98.6, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee‘s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law. How to report improper acts If you have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibilities by a corporation or limited liability company to its shareholders, investors, or employees, call the California State Attorney General’s Whistleblower Hotline at 1-800-952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation. WHAT AN EMPLOYER MUST DO: All employers must provide work and workplaces that are safe and healthful. In other words, as an employer, you must follow state laws governing job safety and health. Failure to do so can result in a threat to the life or health of workers, and substantial monetary penalties. You must display this poster so everyone on the job can be aware of basic rights and responsibilities. You must have a written and effective injury and illness prevention program for your employees to follow. You must be aware of hazards your employees face on the job and keep records showing that each employee has been trained in the hazards unique to each job assignment. You must correct any hazardous condition that you know may result in serious injury to employees. Failure to do so could result in criminal charges, monetary penalties, and even incarceration. You must notify the nearest Cal/OSHA office of any serious injury or fatality occurring on the job. Be sure to do this immediately after calling for emergency help to assist the injured employee. Failure to report a serious injury or fatality within 8 hours can result in a minimum civil penalty of $5,000. WHAT AN EMPLOYER MUST NEVER DO: Never permit an employee to do work that violates Cal/OSHA law. Never permit an employee to be exposed to harmful substances without providing adequate protection. Never allow an untrained employee to perform hazardous work. EMPLOYEES HAVE CERTAIN RIGHTS IN WORKPLACE SAFETY & HEALTH: As an employee, you (or someone acting for you) have the right to file a complaint and request an inspection of your workplace if conditions there are unsafe or unhealthful. This is done by contacting the local district office of the Division of Occupational Safety and Health (see list of offices). Your name is not revealed by Cal/OSHA, unless you request otherwise. You also have the right to bring unsafe or unhealthful conditions to the attention of the Cal/OSHA investigator making an inspection of your workplace. Upon request, Cal/OSHA will withhold the names of employees who submit or make statements during an inspection or investigation. Any employee has the right to refuse to perform work that would violate a Cal/OSHA or any occupational safety or health standard or order where such violation would create a real and apparent hazard to the employee or other employees. You may not be fired or punished in any way for filing a complaint about unsafe or unhealthful working conditions, or using any other right given to you by Cal/OSHA law. If you feel that you have been fired or punished for exercising your rights, you may file a complaint about this type of discrimination by contacting the nearest office of the Department of Industrial Relations, Division of Labor Standards Enforcement (State Labor Commissioner) or the San Francisco office of the U.S. Department of Labor, Occupational Safety and Health Administration. (Employees of state or local government agencies may only file these complaints with the State Labor Commissioner.) Consult your local telephone directory for the office nearest you. EMPLOYEES ALSO HAVE RESPONSIBILITIES: To keep the workplace and your coworkers safe, you should tell your employer about any hazard that could result in an injury or illness to people on the job. While working, you must always obey state job safety and health laws. SPECIAL RULES APPLY IN WORK AROUND HAZARDOUS SUBSTANCES: Employers who use any substance listed as a hazardous substance in Section 339 of Title 8 of the California Code of Regulations, or subject to the Federal Hazard Communications Standard (29 CFR 1910.1200), must provide employees with information on the contents on Material Safety Data Sheets (MSDS), or equivalent information about the substance that trains employees to use the substance safely. Employers shall make available on a timely and reasonable basis a Material Safety Data Sheet on each hazardous substance in the workplace upon request of an employee, an employee collective bargaining representative, or an employee’s physician. Employees have the right to see and copy their medical records and records of exposure to potentially toxic materials or harmful physical agents. Employers must allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents, and notify employees of any exposures in concentration or levels exceeding the exposure limits allowed by Cal/OSHA standards. Any employee has the right to observe monitoring or measuring of employee exposure to hazards conducted pursuant to Cal/OSHA regulations. WHEN CAL/OSHA COMES TO THE WORKPLACE: A trained Cal/OSHA safety engineer or industrial hygienist may periodically visit the workplace to make sure your company is obeying job safety and health laws. An inspection will also be conducted when a legitimate complaint is filed by an employee with the Division of Occupational Safety and Health. Cal/OSHA also goes to the workplace to investigate a serious injury or fatality. When an inspection begins, the Cal/OSHA investigator will show official identification from the Division of Occupational Safety and Health. The employer, or someone the employer chooses, will be given an opportunity to accompany the investigator during the inspection. A representative of the employees will be given the same opportunity. Where there is no authorized employee representative, the investigator will talk to a reasonable number of employees about safety and health conditions at the workplace. VIOLATIONS, CITATIONS & PENALTIES: If the investigation shows that the employer has violated a safety and health standard or order, then the Division of Occupational Safety and Health issues a citation. Each citation specifies a date by which the violation must be abated. A notice, which carries no monetary penalty, may be issued in lieu of a citation for certain non-serious violations. Citations carry penalties of up to $7,000 for each regulatory or general violation and up to $25,000 for each serious violation. Additional penalties of up to $7,000 per day for regulatory or general violations and up to $15,000 per day for serious violations may be proposed for each failure to correct a violation by the abatement date shown on the citation. A penalty of not less than $5,000 nor more than $70,000 may be assessed an employer who willfully violates any occupational safety and health standard or order. The maximum civil penalty that can be assessed for each repeat violation is $70,000. A willful violation that causes death or permanent impairment of the body of any employee results,upon conviction, in a fine of not more than $250,000, or imprisonment up to three years, or both and if the employer is a corporation or limited liability company the fine may not exceed $1.5 million. The law provides that employers may appeal citations within 15 working days of receipt to the Occupational Safety and Health Appeals Board. An employer who receives a citation, Order to Take Special Action, or Special Order must post it prominently at or near the place of the violation for three working days, or until the unsafe condition is corrected, whichever is longer, to warn employees of danger that may exist there. Any employee may protest the time allowed for correction of the violation to the Division of Occupational Safety and Health or the Occupational Safety and Health Appeals Board. 100 99 800.854.7474 Thank You for Your Business! certifiedsafetymfg.com
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