Major Updates to Employer First Aid Requirements Approved by Cal/OSHA
The Division of Occupational Safety and Health (or Cal/OSHA) within the California Department of Industrial Relations has approved changes to California Code of Regulations (CCR) title 8, section 1512, Emergency Medical Services, in the Construction Safety Orders, and section 3400, Medical Services and First Aid, in the General Industry Safety Orders. The updated regulations are expected to take effect on January 1, 2027, pending final administrative review.
The purpose of the proposed rulemaking is to facilitate employer compliance and improve employee safety by clarifying and modernizing the requirements of sections 1512 and 3400 regarding the first aid needs of employees.
Key Changes for Employers:
- Ditching the Doctor’s Note: General industry employers no longer strictly need a signed approval letter from a consulting physician for their standard first-aid kit supplies.
- ANSI/ISEA Standard Adoption: Employers can now automatically satisfy baseline supply rules by providing first-aid kits that comply with the ANSI/ISEA Z308.1-2021 Class A standard (or continue using a licensed healthcare professional to customize contents).
- Mandatory Hazard Assessments: Standard Class A kits are a baseline, but employers must evaluate their specific workplaces for unique, potentially serious risks (such as chemical exposures, thermal burns, or extreme heat) and provide specialized additional supplies where necessary.
- Visibility and Accessibility: Kits must be readily accessible, and employers must actively communicate their locations to workers, using physical signage or labeling where practicable.
- Construction Rules: Construction operations must also ensure adequate distribution of kits across the project, verify contents initially, and keep weatherproof containers maintained.
In general, these changes will reduce the time it takes an injured employee to receive first-aid treatment and will improve the effectiveness of such treatments. Additionally, the proposed revisions will result in cost savings for businesses in construction (section 1512) and general industry (section 3400) by removing the physician consultation requirement.
Recommended Next Steps:
- Review current kits against ANSI Z308.1 Class A specifications.
- Conduct a formal job hazard assessment to see if specialized supplies are required.
- Post clear signage indicating where first-aid kits are located.
Exceptions:
Employers should take note that the proposed rules do not apply where a CCR title 8 vertical standard includes its own first aid requirements, including Agricultural Operations (section 3439). The specific first-aid rules that apply to agricultural employers are as follows:
· Kit Location, Availability, and Condition
There shall be adequate first-aid materials immediately available at the farm headquarters and/or on worker transportation buses. Such materials shall be kept in a sanitary and usable condition. A frequent inspection shall be made of all first-aid materials, which shall be replenished as necessary. In the case of employers whose workers are widely scattered in small crews that are contacted by a traveling foreman, adequate protection may be accomplished by having a first-aid kit in the foreman's car or vehicle.
· Requirements for Remote Locations
At remote locations, provisions must be made in advance for prompt medical attention in case of serious injuries. This may be accomplished by on-the-site facilities or proper equipment for prompt transportation of the injured person to a physician or communication system for contacting a doctor or combinations of these that will avoid unnecessary delay in treatment. There shall be at least 1 employee for every 20 employees at any remote location with training for the administering of emergency first aid.
· Core Overlapping Standards
Cal/OSHA also requires compliance with related health and emergency standards, including Heat Illness Prevention (Section 3395) (mandating shade, water, and written first-aid heat stress procedures) and Field Sanitation (Section 3457) (requiring drinking water and handwashing facilities).
If you have questions about any employer obligations such as first aid compliance, please contact Rosasco Law Group for any and all of your workplace needs. We are here to help!
