Your petition was referred by the Cali f or nia. The next step in the process is a f or mal hearing be f or e an. Filing a petition f or reassessment does not suspend the. If the claim f or refund is denied, you may fi le a second.
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FELS Home New this Issue Summary Menu Child Labor Farm Labor Contractors IIP Program Workers' Comp. Worker Conditions. Click here for Table of Contents. This publication is designed to give agricultural employers in California a handy reference to the major employment laws and regulations reviewed by federal and state enforcement agencies during compliance inspections. Selected other requirements are also covered. This publication, however, does not provide a comprehensive review of all laws and regulations affecting labor and employment.
Issues such as taxation, and agricultural labor relations, for example, are not addressed. Internet access to employment-related information is available at these Web sites:. Therefore, you need to keep up-to-date on developments. You should consult competent legal counsel when complicated questions arise.
This publication is compiled from various reference sources and is designed to provide current and authoritative information on the subjects covered. It is provided with the understanding that the publisher is not engaged in rendering medical, legal, accounting or any other professional service. In no event will the liability of FELS for any claim, however designated, exceed this publication's purchase price.
This publication may not be reproduced in whole or in part without the express written permission of the copyright owner. Employment Requirements for. California Agricultural Employers. The following items have been added or updated since the last edition of the Summary of Employment Requirements for California Agricultural Employers :. Offered at no cost to employers, the Consultation Service can be of particular help to small employers without the resources to keep pace with those standards.
Instead, they advise how to correct the condition. The consultant and employer try to agree to a reasonable abatement plan. Injury and Illness Reporting : An employer must file with the Division of Labor Statistics and Research or its workers' compensation insurer a report of every occupational injury or illness that results in lost-time beyond the date of injury or illness, or that requires medical treatment beyond first aid.
This report must be filed within five days after the employer learns of the injury or illness. A death or serious injury or illness requiring hospitalization for more than 24 hours other than for purposes of observation must be reported to the Division of Occupational Safety and Health by telephone or telegraph within 8 hours after the employer knows or should have known of the death or illness.
Employers must also maintain in each establishment a log of all recordable occupational injuries and illnesses for that establishment. Injury and Illness Prevention Program : Every employer in California must establish, implement and maintain an effective written injury and illness prevention program IIPP. Because of the importance of this requirement, a whole section is devoted to the subject.
See the next section starting on page Field Sanitation : Agricultural employers must provide toilet and handwashing facilities and drinking water where one or more employees are performing hand-labor operations.
Buys a crop before it is produced and exercises substantial control over production e. Recruits and supervises employees e. A farm labor contractor is generally liable for failing to provide field sanitation facilities to the farm labor contractor's employees.
Definitions : A "hand-labor operation" is one performed by hand or with a hand tool in producing an agricultural commodity. Some examples of "hand-labor operations" are: the moving of irrigation pipes and other irrigation equipment by hand; the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of crops; and the hand-packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed located in the field.
Alternative Compliance : An agricultural employer may meet the field sanitation facility requirements specified below by providing transportation to the facilities only where at least one of these three conditions applies:. Employees are performing field work for less than two hours including transportation time to and from the field ;.
Fewer than five employees are engaged in hand-labor operations on any given day; or. Agricultural operations not involving hand-labor must comply with title 8, Calif. Code of Regs. Drinking Water Requirements : Potable drinking water must be provided during working hours at locations readily accessible to all employees. Access to the water must always be permitted. The water must be fresh, pure, cool, and in sufficient amounts to meet the needs of all employees.
Drinking water containers must be constructed of materials that maintain water quality. They must have a faucet, fountain, or other device to draw the water. The water must be dispensed in single-use drinking cups or by fountains.
Toilet and Handwashing Facilities : A fixed or portable facility designed to collect and contain the products of both defecation and urination must be provided. It must be supplied with toilet paper adequate to employee needs. It may be a biological, chemical, flush or combustion toilet or sanitary privy. Separate toilet facilities for each sex must be provided for each 20 employees or fraction thereof.
One handwashing facility must be provided for each 20 employees or fraction thereof. When fewer than five employees are working, separate toilet rooms for each sex are not required, as long as toilet rooms can be locked from the inside and contain at least one water closet.
Urinals may be installed instead of water closets in toilet rooms to be used only by men, as long as the number of water closets is at least two-thirds the minimum number of toilet facilities.
Toilet and handwashing facilities must be ventilated and have self-closing doors, lockable from the inside, and otherwise be constructed to ensure privacy. Sufficient additional space must be included if handwashing facilities are within the facility. The waste water tank on chemical toilets must be constructed of durable, easily-cleanable material and be able to hold at least 40 gallons. It must be constructed to prevent splashing on the occupant, field, or road.
Units housing toilet and handwashing facilities must be rigidly constructed. Their inside surfaces must be of nonabsorbent material, smooth, readily cleanable, and finished in a light color. Water flush toilets and handwashing facilities must conform to title 24, Calif.
Plumbing Code. Location : Toilet and handwashing facilities must be accessibly located near each other. Where due to terrain it is not feasible to locate facilities as required above, they must be located at the point closest to vehicular access. Maintenance Standards : The employer must service and maintain potable drinking water, toilet and handwashing facilities in accordance with appropriate public health sanitation practices, including the following:.
Drinking water containers must be regularly cleaned, refilled daily or more often as necessary, and covered and protected to prevent persons from dipping the water by hand or otherwise contaminating it.
Toilet facilities must always be operational, clean, sanitary, and in good repair. Written records of service and maintenance must be kept for at least two years. Effective odor control and solid-liquefying chemicals must be used in chemical toilet waste holding tanks.
Contents of chemical tanks must be disposed of by draining or pumping into a sanitary sewer, an approved septic tank of sufficient capacity to handle the wastes, a suitably sized and constructed holding tank approved by the local health department, or by any other method approved by the local health department. Privies must be moved to a new site or taken out of service when the pit is filled to within 2 feet of the adjacent ground surface. The pit contents must be covered with at least 2 feet of well-compacted dirt when the privy is removed.
Handwashing facilities must meet these standards:. Notice to Employees : The employer must notify each employee of the location of the sanitation facilities and potable water and allow each employee reasonable opportunities during the workday to use them. The employer must ensure that employees use the sanitation facilities and inform each employee of the importance of these good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine, and agrichemical residues:.
Use the water and facilities provided for drinking, handwashing, and elimination;. These records must be kept on a calendar-year basis and retained for at least five years:. Labor Code section defines "first aid" as any one-time treatment of minor scratches, cuts, burns, splinters, or other minor industrial injury. As such, first aid does not require the employer to record the injury, nor does it trigger the need for an Employee Claim form or Employer's First Report form.
If a physician or other medical technician renders first aid and later performs a follow-up observation of it, the injury is still considered to be within the first-aid exception. But if the second visit results in further treatment, then the injury must be recorded.
Summary of Work - Related Injuries and Illnesses replaces Form , Log and Summary of Occupational Injuries and Illnesses must be posted in a conspicuous place in the workplace during the months of February through April every year.
In addition to keeping records of occupational injuries and illnesses, an employer must allow employees or their representatives access to the employer's log of occupational injuries and illnesses and to accurate records of employee exposure to potentially toxic substances or harmful physical agents. GISO section requires employers to maintain records that document compliance with that regulation's requirements to maintain an effective written injury and illness prevention program.
Employers with fewer than 10 employees are exempt from certain record requirements. Here is a summary of the recordkeeping requirements in section b :. Records of scheduled and periodic inspections required by subsection a 4 to identify unsafe conditions and work practices, including person s conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices.
These records must be maintained for three years. Exception: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected. These must be maintained for three years. Exception No. Weeding, Thinning and Hot-Capping GISO section : Employees may not use tools to weed, thin or hot-cap in a stooped, kneeling or squatting position, and they may not engage in unnecessary hand weeding, hand thinning and hand hot-capping in those positions.
Employees may not weed, thin or hot-cap in a stooped, kneeling or squatting position using either:. Employees may not hand weed, hand thin or hand hot-cap in a stooped, kneeling or squatting position unless at least one of the following applies:. The employer can show that doing the task by hand is necessary because there is no readily available reasonable alternative means e. Hand weeding, hand thinning and hand hot-capping is only occasional or intermittent and incidental to a non-hand weeding operation; this includes both non-weeding operations e.
If a condition stated in item 2.
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