Pub 9 2020-2021 Issue 1

PUB YR 9 2020-2021 | ISSUE 1 17 resistance sole. Metatarsal protectors consist of a guard that fits over the instep protecting the top of the foot from heavy items, and are normally manufactured from aluminum, steel, or lightweight composites. The car wash staff and any staff that encounter slippery surfaces must also wear shoes with soles that provide slip resistance and good traction. HAZARD ASSESSMENT: OSHA regulations require that the employer conduct a workplace hazard assessment and provide P.P.E. protection from physical and health hazards present at the workplace. If the hazard assessment of parts and service employees indicates the possibility of a foot hazard injury from falling objects, P.P.E. should be provided. See Title 8 California Code of Regulations Section 3380. WHO PAYS-CA: The California Labor Code requires employers to “furnish and use safety devices and safeguards …” (Labor Code § 6401). The term “safetydevice” includes “anypracticablemethodofmitigatingor preventing” danger. Protective footwear is covered as a safety device. The Labor Code also requires employers to “provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe.” (Labor Code § 6403). Legal opinion on this matter has been made clear by the California Supreme Court. The Court has ruled that the words “provide” and “furnish” mean that the employer both supplies and pays for the personal protective gear. (See Bendix Forest Products Corp. v. Division of Occupational Safety & Health (1979) 25 Cal. 3rd 465, 471-473). PROTECTIVESHOEPOLICY&ENFORCEMENT: Theemployermust provide shoes to each employee subject to foot injury hazards. Since shoes must Safety inspections of the shop and parts department have revealed that many employees are not wearing appropriate footwear to adequately protect them from foot injuries caused by crushing or falling objects, such as a rotor or a battery. be fitted for size and comfort, it is practical to seek help froma professional shoe supply company. Replacement uponwear and tear of the P.P.E. is also the employer’s responsibility, alongwith instructions onproper usage, care, cleanliness, andmaintenance. Awrittenprotective footwear policy shouldbe adopted anddistributed to all employees, and employee acknowledgment should be retained in files. Enforcement of policy and disciplinary action against employees violating the policy must also be put into effect. SUMMARY: Proper footwear for certain employees is not an option but is a requirement under the law. Employeeswith their feet protectedare less likely to be injured from falling objects. Shoes with good traction help mitigate slipand fall hazards. Fewer injuries translate to fewerworkers’ compensation claims and a reduction in related premiums. Improved productivity, better employee morale, and increased shop efficiency are also a given. DISCLAIMER: This newsletter’s contents are merely for informational pur- poses only and are not to be considered legal advice. Employersmust consult their lawyer for legal matters and EPA/OSHA consultants for Environmental, Health & Safety matters. The article was authored by Sam Celly of Celly Services, Inc., who has helped automobile dealers comply with E.P.A. and OSHA regulations since 1987. Sam received his B.E. (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.