Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 1. Employers' Obligation to Provide Information to Employees

§340. Contents and Posting Requirements of CAL/OSHA Notice.

Every employer shall be required to post immediately upon receipt and to keep posted the CAL/OSHA Notice of Employee Protections and Obligations entitled "Safety and Health Protection on the Job," which is furnished pursuant to Labor Code Section 6328 by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, containing information on pertinent safety laws, regulations and certain rights of employees under the California Labor Code.

Each employer must post at least one Notice (CAL/OSHA Notice) in each establishment in a conspicuous place where notices to employees are customarily posted. "Establishment" as used in this regulation means a single physical location where business is conducted or where services or industrial operations are performed. Where employers are engaged in activities which are physically dispersed such as construction or transportation, the notice required by this section shall be posted at each location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such notice or notices shall be posted at the location or locations from which the employees operate to carry out their activities.

Each employer shall take steps to insure that such notices are not altered, defaced or covered by other material.

This notice shall contain the address and telephone number of the nearest Division of Occupational Safety and Health office, and shall inform the employees of their right to report any unsafe working conditions in their place of employment to the Division of Occupational Safety and Health and their right to request a safety inspection by the Division of Occupational Safety and Health for unsafe conditions.

The Notice shall also inform the employees that no employee shall be laid off or discharged for refusing to perform work in the performance of which the provisions of the California Labor Code, any occupational safety or health standard or any safety order of the Division will be violated, where such violation would create a real and apparent hazard to the employee or his fellow employees.

The Notice shall contain the information that each citation issued under Section 6317 of the California Labor Code, Special Order or Order to Take Special Action issued under Section 6308 or a copy or copies thereof shall be prominently displayed at or near each place a violation referred to in the citation or order occurred.

The Notice shall inform employees that employers who use any substance listed as a hazardous substance in Section 339 of Title 8 of the California Administrative Code must provide employees with information on the contents of material safety data sheets (MSDS) or equivalent information about the substance which trains employees to use the substance safely. That the employer is required to make available on a timely and reasonable basis a MSDS on each hazardous substance in the workplace upon request of an employee, collective bargaining representative, or an employee's physician. Further, that employees have the right to see and copy the medical record and other records of employee exposure to potentially toxic materials or harmful physical agents.

The Notice shall inform the employees that the employer shall provide an opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under California Labor Code Section 142.3, and shall allow the employee or his representative access to accurate records of employee exposures to potentially toxic materials or harmful physical agents.

The Notice shall contain a statement that every employer and every employee shall comply with occupational safety and health standards and all rules, regulations and orders pursuant to Division 5 of the California Labor Code which are applicable to his or her own actions and conduct.

Failure of any employer to post the CAL/OSHA Notice entitled "Safety and Health Protection on the Job" as required by this regulation may result in imposition of a fine of up to $1,000 upon the employer for each violation as set forth in Labor Code Section 6431.

NOTE: Authority cited: Sections 60.5, 6308, 6318 and 6328, Labor Code. Reference: Sections 6318, 6328 and 6408, Labor Code.

HISTORY

1. Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No. 9). For prior history, see Registers 74, No. 2; 74, No. 18 and 74, No. 13.

2. Amendment filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).

3. Amendment filed 12-5-85; effective thirtieth day thereafter (Register 85, No. 49).