Workers' Compensation Attorney | Work Injury Claims - Van Nuys, CA
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On behalf of Koszdin, Fields, Sherry & Katz posted in Workers Compensation on Friday, June 08, 2018.
On July 1st 2018 a bill that was passed in March is set to take effect. The new regulation requires that hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements to protect employees who perform housekeeping tasks from any “musculoskeletal injury.”
What is Musculoskeletal injury?
A musculoskeletal injury is defined as “acute injury or cumulative trauma of a muscle, tendon, ligament, bursa, peripheral nerve, joint, bone, spinal disc or blood vessel.”
What must the workplace do to ensure this law is put into place effectively?
Due to the new rules any lodging establishment must update their written Injury and Illness Prevention Plan (IIPP). This must include:
A musculoskeletal injury prevention plan. This plan can stand on its own or the employer can incorporate it as part of the illness and injury prevention plan.
Unlike the injury and illness prevention plan the musculoskeletal injury prevention plan must be readily accessible. This is to allow worker to review the plan whilst they work. It can be available online only, if it can be accessed during work hours.
Any potential risks to housekeeping staff must be evaluated by October 1st 2018. This is done by an initial worksite evaluation to identify and address potential injury risks to housekeepers. Following this there should be at minimum a yearly evaluation of this sort. These evaluations “shall include an effective means of involving housekeepers and their union representative in designing and conducting the worksite evaluation.”
In the unfortunate event of an musculoskeletal injury suffered by a housekeeper, during investigations as to whether the injury could or could not have been prevented by measures, procedures or tools their must be a housekeeping union member present. They must be allowed to give their input into the investigation.
Unlike the injury and illness prevention plan, when information is requested by the Cal/OSHA inspector with regards to injuries suffered under the musculoskeletal injury prevention plan worksite evaluations and other information must be made available in 72 hours of the request.
When must the musculoskeletal injury prevention plan be implemented by?
California hotel and other lodging establishments industry employers now have until October 1, 2018, to roll-out their Musculoskeletal Injury Prevention Programs. These MIPPs must be approved by Cal/OSHA inspectors, including the ability to provide records of worksite evaluations and other records required by the MIPP to Cal/OSHA within 72 hours of a request.
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