SafetyQuestion 1345 of 1632

A contractor with 3 employees insists it is 'too small' to need any safety program. The correct response is:

a.Correct, because the written program starts at ten employees
b.Correct, because §3203 applies only to designated high-hazard industries
c.Wrong: every employer needs a program and a Code
d.Wrong, but only the Code of Safe Practices applies

Explanation

Section 3203(a) reaches every employer and section 1509(a)-(b) adds the Code of Safe Practices for construction, so a three-employee contractor owes both. What size changes is paperwork, not duty. An employer with fewer than 10 employees may communicate and instruct orally under the exception to (a)(3) and may keep inspection records only until the hazard is corrected. An employer with fewer than 20 in a non-high-hazard industry with an experience modification rate of 1.1 or less may limit written documentation to three items under Exception 3 to (b). Option (a) turns the first of those into a threshold, (b) turns the second into an industry list, and (d) drops the program while keeping the Code.

Law Reference: 8 CCR §3203(a); §3203(a)(3) Exception; §3203(b) Exception 3; §1509(a)-(b)

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