TABLE 1 - Joint Labor Management Safety & Health Committees and/or Liaison Teams
CONCEPT	DETAILS		SECTION
REQUIRE COMMITTEES or LIAISON TEAMS in IIPPs	if 50 or more workers	COMMITTEE	LC 6401.8 (a)(1)
	if under 50 workers	LIAISON TEAM	LC 6401.8 (a)(2)
EXCEPTIONS - not all employers will be REQUIRED to have a COMMITTEE or LIAISON TEAM - see next column for EXCEPTIONS	if employer is NOT small, is in low hazard industry, AND if employer has good safety record (lower than an EMR of 1.25)	if employer is small [Note 1] is not in a high hazard industry, AND if employer has not within the last 2 years experienced a serious injury or illness	LC 6401.8 (b)(2) large employer LC 6401.8 (b)(3) small employer
NO EXCEPTION if:	ANY employer has within the last 4 years experienced a workplace death		LC 6401.8 (b)(1)
REQUIREMENTS for REWARDS - an EFFECTIVE COMMITTEE	whether or not required to have a committee or a liaison team, any employer may seek rewards for an effective IIPP IF the employer demonstrates he or she has an effective committee or liaison team		LC 6401.8 (c)
REWARDS ENTITLE EMPLOYER TO:	5% discount from insurance carrier or group self-insurance fund beyond any other discounts for which employer may be eligible employer who bids on public contracts entitled to presumption that IIPP is effective (see TABLE 2)		LC 6401.9 (b)
REWARD CRITERIA	MERIT CERTIFICATE DIR and/or its Divisions set certificate criteria thru regs eligible if IIPP & comm/liaison program is EFFECTIVE eligible after 6 mos operation reward is NOT automatic - employer must apply and provide information under penalty of perjury		LC 6401.9 (a) & (c) & (d)
DETERMINING THE SIZE of the EMPLOYER?	Establishes guidance for employment levels in temporary work, agriculture, multi-employer settings, etc.		LC 6401.8 (d) & (e)
Note 1: The small employer is defined as one who does not have sufficient workers' compensation insurance premiums to be in a category where the insurer establishes an experience modification rate (allowing the employer a discount for a good safety record). Thus for these small employers, this law will create a way to evaluate the employer's safety record and provide a reward for employers with a good safety record. The standard for determining whether a small employer is eligible for a discount for a good safety record will be based on whether within a two-year period the employer sustained a workplace injury or illness as defined in Labor Code Section 6302(h) or sustained an injury or illness which resulted in serious physical harm as defined in Labor Code Section 6302(j). (See TABLE 3 below.)
WHAT are the COMMITTEE/LIAISON DUTIES?	review IIPP participate in walkarounds participate in investigations of incidents (death, injury, near misses, etc.) participate in investigation of complaints participate in fup, abatement, reporting back encourage worker participation in IIPP (anonymous complaints, etc) inspect and investigate as necessary recommend corrections & if employer declines, then employer provides written explanation	quarterly meetings or more often if high hazard, high emr, or multi-employer non-permanent written agenda document completely post names of committee members and/or safety liaison team, agendas, outstanding action items, resolutions may recommend a stop work if imminent danger to life or health & if employer declines, then employer provides written explanation	(h) (1) - (14)
WHAT is the COMMITTEE/LIAISON STRUCTURE	equal mgt & workers (unless agree to more workers) 2 mgt & 2 workers for first 50 and 1 each for subsequent 50 employees, may agree to maximum of 20 for larger employers	reps from various shifts, trades, crafts, unions, work activity recs by majority vote chair rotates between mgt & workers	LC 6401.8 (g) (1) - (5)
HOW is the COMMITTEE/LIAISON SELECTED?	MGT REPS - employer chooses mgt reps but includes the LC 6401.7(a)(1) "responsible person" UNION REPS - if unionized, the union selects reps per internal union procedures; multiple unions each get reps unless unions decide otherwise; union reps may cover any workers not in another union	IF NO UNION - EEE REPS select randomly from among volunteers of non-supervisory workers (pull names from hat of all volunteers) OR State Mediation & Conciliation Service holds secret ballot election per rules they set AND at least _ worker reps shall have been employed for 24 months 3-year terms - may serve again stagger terms to preserve continuity State Mediation & Conciliation Service shall adopt regs for secret ballot election when no union and employer decides not to use a random method for selecting among volunteers	LC 6401.8 (h) (1) - (3)
HOW is the COMMITTEE/LIAISON TRAINED?	32 hours to start (hazard id, incident investigation, eff worker trg, committee mechanics + rts and duties, workers' rts, overview of this standard + other relevant stds	every 3 years - 8 hr refresher every year - 2 work days (16 hours) for trg of worker's choice (includes the refresher) WOSHTEP or Cal/OSHA approved trainers	LC 6401.8 (i) (1) - (4)
COMPENSATION RETALIATION shall be PROHIBITED	regular wages / benefits committee members and/or liaison shall not be laid off during tenure or w/in 1 year unless s/he is last person in class or category		LC 6401.8 (j) LC 6401.8 (k)
INNOVATION	Cal/OSHA may approve different committee forms & functions if such meets the intent of this law and regs		LC 6401.8 (l)
COMMITTEE/LIAISON will not have LIABILITY	Committee and/or liaison team acts as ADVISORS to employer and doesn't take on employer's duty to provide safe place to work or related liability.	No worker or employee organization shall be liable for any act or omission in connection with the committee / liaison functions	LC 6401.8(m)

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