TheI2P2 Debate: What California Case Law Tells Us About Effective Training in Injury & Illness Prevention Programs
- Matthew T. Deffebach (Haynes and Boone LLP) | Katie Chatterton (Haynes and Boone LLP) | Brenna Nava (_) | Erin Shea (_)
- Document ID
- American Society of Safety Engineers
- Professional Safety
- Publication Date
- May 2014
- Document Type
- Journal Paper
- 52 - 58
- 2014. American Society of Safety Engineers
- 1 in the last 30 days
- 31 since 2007
- Show more detail
Although its fate is uncertain, the debate continues over the passage of a federal-level injury and illness prevention program (I2P2) regulation. OSHA continues to emphasize its commitment to I2P2. To date, the agency has issued a white paper on I2P2s and has indicated in its most recent regulatory agenda that it is targeting September 2014 for publication of a notice of proposed rulemaking (Office of Information and Regulatory Affairs, 2013). Before OSHA can issue the proposal, the agency must conduct a Small Business Regulatory Enforcement Fairness Act Small Business Advocacy Review Panel of I2P2.
Against this backdrop, California, a model state program for reviewing I2P2 experience, made headlines when a study commissioned by the California Commission for Health, Safety and Workers’ Compensation (conducted by the RAND Corp.) indicated that its Injury and Illness Prevention Program (IIPP) regulation, which has been in effect since 1991, was generally ineffective in reducing injuries and illnesses in California.
Haynes and Boone LLP’s OSHA Practice Group reviewed the California IIPP experience from a different set of historical data. The team reviewed published case law in California regarding the IIPP general industry regulation, namely, Title 8, California Code of Regulations, Section 3203. In doing so, the review team read decisions from both the administrative law judges (ALJs) and the Appeals Board to summarize trends during the past 15 years that the IIPP regulation has existed in its cur-rent Section 3203 form. The findings were reported in a comprehensive paper, "The California Experience: Legal Lessons Learned From the Injury and Illness Prevention Program Regulation." This article focuses specifically on findings regarding the training provisions of California’s IIPP regulation.
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