Like many other jurisdictions in the US and abroad, all employers in California, regardless of size or industry, are required to have an illness and injury prevention program (IIPP). This requirement is often overlooked but frequently enforced.
In the words of one practitioner, “Cal/OSHA issues more citations under the IIPP standard than any other standard—thousands each year—many of them for a complete failure to have an IIPP. During a Cal/OSHA inspection, one of the first documents asked for is the IIPP, and failure to have one can carry a penalty up to $25,000.”
Many other states mandate such programs as well. They require employers to proactively detect and remediate workplace hazards, reduce their frequency, and mitigate their harm.
COVID-19 is one such hazard—one that has brought nearly the entire world to its knees. Many areas are now subject to shelter-in-place orders or will be shortly. Companies everywhere are advising their employees to work from home, with only essential staff allowed to go to the office.
The lawyers of Redline are working on a sample for use by businesses in areas subject to shelter-in-place, or that have ordered staff to work from home. This template is based on the recommendations of the six-county San Francisco Bay Area shelter-in-place orders and the latest CDC and WHO guidance. Go here to join and take advantage of this collaborative effort.
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The intended audience for this post is licensed and practicing lawyers, not laypersons seeking legal advice for their situation. If you are not a lawyer, hire one before using or relying on any information contained here. This post is: (1) informational only and not intended as advertising or as solicitation for legal services, (2) not intended to render legal advice to you, and (3) not a substitute for obtaining legal advice from a qualified attorney to assess your exact situation. The information here is subject to change and may not be applicable or correct in your jurisdiction. The views and opinions expressed here are Sean’s alone and do not necessarily represent the positions of Sean’s present or former employers, law firms, or clients.