UPDATED WORKERS’ COMPENSATION POSTER TO INCLUDE NOTICE OF RIGHT TO CONSULT AN ATTORNEY
Current Labor Code Section 3550 provides that California employers subject to the workers’ compensation system are required to post notices in the workplace advising employees of their rights within the workers compensation system, such as filing a claim and seeking medical attention, when they sustain a workplace-related injury. The notice must be posted in both English and Spanish, where Spanish-speaking employees are present.
The current notice requires the following information:
- How to get emergency medical treatment, if needed.
- The kinds of events, injuries, and illnesses covered by workers’ compensation.
- The injured employee’s right to receive medical care.
- The rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600 of the Labor Code.
- The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate.
- To whom injuries should be reported.
- The existence of time limits for the employer to be notified of an occupational injury.
- The protections against discrimination provided pursuant to Section 132a of the Labor Code.
- The Internet Website address and contact information that employees may use to obtain further information about the workers’ compensation claims process and an injured employee’s rights and obligations, including the location and telephone number of the nearest information and assistance officer.
The new law (AB 1870) which amends the Labor Code provides that the required notice must now include information concerning an injured employee’s ability to consult a licensed attorney to advise them of their rights under workers’ compensation laws (as if most employees weren’t already aware of this). The law also provides the notice advise that in most instances the employee’s attorneys’ fees are paid through the workers compensation insurance.
The legislative intent behind this new disclosure requirement is to inform employees of their right to seek the assistance of legal counsel if the employee has a particularly complex case or needs to appeal a decision.
This bill is effective January 1, 2025. Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor and shall be prima facie evidence of non-insurance.
Employers should contact their workers’ compensation insurance carrier for a new poster which meets these requirements.
INDOOR HEAT REGULATIONS TAKE EFFECT
On July 23, 2024, the Office of Administrative Law (OAL) approved California’s Heat Illness Prevention in Indoor Places of Employment Regulation, according to the California Department of Industrial Relations’ (DIR) press release which provides the following information:
California’s indoor heat protections go into effect immediately and applies to most indoor workplaces. Employers are required to adopt safety measures that go into effect in most cases when indoor temperatures reach 82°F to prevent the risk of heat illness to workers.
Cal/OSHA’s Heat Illness Prevention in Indoor Places of Employment regulation applies to most indoor workplaces, such as restaurants, warehouses, and manufacturing facilities. For indoor workplaces where the temperature reaches 82 degrees, employers must take steps to protect workers from heat illness, such as providing water, rest, cool-down areas, and training.
Additional requirements, where feasible, apply where the temperature reaches 87 degrees such as cooling down the work area, implementing work-rest schedules, and providing personal heat-protective equipment. Where workers wear clothing that restricts heat removal or work in high radiant heat areas, the additional requirements apply at 82 degrees.
Employers may be covered under both the indoor and outdoor regulations if they have both indoor and outdoor workplaces. For more information, see the Comparison Chart of Indoor and Outdoor Heat Illness Prevention Standards.
There are more resources for employers and workers on Cal/OSHA’s Heat Illness Prevention web page and the 99calor.org informational website, as well as a Heat Illness Prevention online tool.
Cal/OSHA has posted resources on their website to assist employers in complying with the new regulations.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2024.