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Construction Personal Protective Equipment (PPE)


https://www.osha.gov/Publications/construction_ppe.html
OSHA Quick Card
Protect Yourself
Construction
Personal Protective
Equipment (PPE)

 

Eye and Face Protection
  • Safety glasses or face shields are worn any time work operations can cause foreign objects to get in the eye. For example, during welding, cutting, grinding, nailing (or when working with concrete and/or harmful chemicals or when exposed to flying particles). Wear when exposed to any electrical hazards, including working on energized electrical systems.
  • Eye and face protectors – select based on anticipated hazards.
Foot Protection
  • Construction workers should wear work shoes or boots with slip-resistant and puncture-resistant soles.
  • Safety-toed footwear is worn to prevent crushed toes when working around heavy equipment or falling objects.
Hand Protection
  • Gloves should fit snugly.
  • Workers should wear the right gloves for the job (examples: heavy-duty rubber gloves for concrete work; welding gloves for welding; insulated gloves and sleeves when exposed to electrical hazards).
Head Protection
  • Wear hard hats where there is a potential for objects falling from above, bumps to the head from fixed objects, or of accidental head contact with electrical hazards.
  • Hard hats – routinely inspect them for dents, cracks or deterioration; replace after a heavy blow or electrical shock; maintain in good condition.
Hearing Protection
  • Use earplugs/earmuffs in high noise work areas where chainsaws or heavy equipment are used; clean or replace earplugs regularly.



For more complete information:
OSHA Occupational
Safety and Health
Administration
U.S. Department of Labor
www.osha.gov (800) 321-OSHA

OSHA 3267-09N-05
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SUPERSEDES MANAGEMENT BULLETIN 99-09

SUPERSEDES MANAGEMENT BULLETIN 99-09

https://oag.ca.gov/sites/all/files/agweb/pdfs/eeo/03-07mc.pdf

PURPOSE

The purpose of this Management Bulletin is to reiterate the Department of Justice’s (Department) commitment

to maintaining a work environment free from all forms of discrimination, including discrimination in the form of

sexual harassment. The Department affirms its moral and legal obligation to ensure that all employees are

provided a harassment-free environment to realize their goals and function effectively in the workplace.

SEXUAL HARASSMENT POLICY

In accordance with Title VII of the Federal Civil Rights Act (42 U.S.C. § 2000 (1964)), and the California Fair

Employment and Housing Act (FEHA) (Gov. Code, § 12940 et. seq.) and Government Code section 19572, the

Department prohibits sexual harassment. Departmental policy requires that all employees assume

responsibility for maintaining a work environment free from any harassing conduct.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is defined as unsolicited and unwelcome sexual advances, requests for sexual favors and

other verbal, physical, visual or written conduct of a sexual nature directed to persons of the same or opposite

sex when:

• Submission to such conduct is made either explicitly or implicitly as a term or condition

of employment;

• Submission to or rejection of such conduct by an employee is used as a basis for

employment decisions affecting the employee; or

• Such conduct has the purpose or effect of substantially interfering with an employee’s

work performance or creating an intimidating, hostile or otherwise offensive working

environment.

The courts have defined two types of sexual harassment:

1. Quid Pro Quo (Latin for “something for something”): This form of sexual harassment occurs when a

supervisor or manager:

• demands, as an explicit or implied term or condition of employment decisions, a

subordinate submit to sexual advances (this may include situations which began as

reciprocal relationships, but which later ceased to be reciprocal); and/or;

• makes requests for sexual favors or other verbal, visual or physical conduct of a sexual

nature that is an explicit or implied term or condition of employment decisions.

Management Bulletin No. 03-07

Sexual Harassment in the Workplace

Page 2

Examples of quid pro quo harassment include:

• Requests for sexual favors in exchange for a promotion or raise;

• Express or implied statement that a person will be demoted or fired if she or he does not

submit to a sexual request or actually carrying out the threat.

2. Hostile Work Environment: This form of sexual harassment occurs when an individual is subjected to

unwelcome sexual advances or other gender-based conduct that is sufficiently severe or pervasive to

interfere with the individual’s work performance or creates an intimidating, hostile or offensive work

environment. The work environment must be both subjectively and objectively perceived as abusive.

The courts look at the totality of the circumstances surrounding the alleged incidents of harassment to

determine whether unlawful conduct has occurred. Generally, there must be a pattern of unlawful

conduct, although a single serious incident in some cases, such as a sexual battery, might be enough

to constitute sexual harassment. The harasser can be a manager, supervisor, co-worker or in certain

circumstances, possibly a non-employee, such as a supplier or customer. Examples include:

• Submission to such conduct is made either explicitly or implicitly as a term or condition

of employment;

• Leering, making or sending sexual jokes or sexually suggestive remarks, or making

sexual gestures;

• Making offensive, negative or demeaning remarks about a person’s gender or physical

appearance;

• Deliberate and unwelcome touching, hugging, and patting or blocking a person’s

movement;

• Displaying offensive sexual illustrations or pictures in the workplace;

• Unwelcome pressure for dates or sex (this may include situations which began as

reciprocal relationships, but which later ceased to be reciprocal).

The intent of the person accused of sexual harassment is of secondary importance: the impact of the offensive

behavior on the offended person is the primary factor in determining if sexual harassment has occurred.

ZERO TOLERANCE POLICY

It is the policy of the Department to provide all employees a safe work environment free from sexual

harassment. Sexual harassment will not be tolerated. Such behavior will be addressed seriously and

appropriate corrective action taken. A “zero tolerance” policy means working to prevent any inappropriate

behavior, so corrective actions, up to and including formal discipline, will be taken when policy violations occur,

even if they are not so serious as to be unlawful. For example, even though a sexual comment does not in

itself rise to the level of creating a hostile work environment under the law, such a comment is unacceptable in

the workplace, violates the Department’s Zero Tolerance Policy and will be subject to a corrective action.

DEPARTMENT’S RESPONSIBILITIES

The Department is legally responsible for taking all reasonable steps necessary to prevent harassment from

occurring. The Department’s steps in this regard include, but are not limited to, training, providing counseling,

investigating complaints and taking appropriate corrective actions.

SUPERVISORS’ AND MANAGERS’ RESPONSIBILITIES

It is the responsibility of supervisors and managers to implement the Department’s policy on sexual

harassment prevention. Once issues of potential sexual harassment are discovered, supervisors and

Management Bulletin No. 03-07

Sexual Harassment in the Workplace

Page 3

managers are obligated by law and policy to address such situations, even in circumstances where the

managers and supervisors are not the direct manager or supervisor of the victim or the alleged harasser.

Notification must be made to the appropriate chain of command, as determined by the division manager or

supervisor addressing the matter, that reasonable steps were taken to prevent the sexually harassing conduct

from occurring. In addition, supervisors and managers are obligated to:

• Document the discovery or reporting of the incident;

• Document the decision to not proceed or proceed further and the basis for that decision;

• Document the final resolution and report to the employee;

• Consult with the Equal Employment Rights & Resolution Office (EER&R) Office, if

necessary, for advice and guidance.

Supervisors, managers and employees may also be held personally liable in a court of law for unlawful sexually

harassing conduct perpetrated by them.

EMPLOYEE’S RESPONSIBILITIES

Employees who believe they are or have been subjected to sexual harassment in the work place have an

obligation to take immediate appropriate action and report the incident(s). The options available to an employee

are outlined below under Complaint Procedures.

In addition, all employees have an obligation to:

• Adhere to the Department’s sexual harassment policy;

• Refrain from engaging in, condoning, tolerating or leaving uncorrected conduct that

violates this policy;

• Report any violations of this policy to a supervisor, manager or the EER&R Office;

• Cooperate with any investigation regarding a violation of this policy.

It is important for all employees to understand that failure to utilize the Department’s internal procedures to

report violations will hinder the Department’s ability to stop and correct any violations. It is the responsibility of

all Department employees to ensure a discrimination free working environment.

DEPARTMENTAL POLICY ADHERENCE

To ensure that all employees, managers and supervisors are informed of the Department’s “zero tolerance”

policy against unlawful discrimination including sexual harassment, the Department requires:

1. All managers and supervisors to facilitate annual discussions with staff on sexual harassment and

discrimination prevention.

2. Mandatory formal training for Sexual Harassment and Discrimination Prevention be provided to all

employees within the next three years; and hereafter

a. refresher training of managers and supervisors every two years; and

b. refresher training of employees every three years.

3. All new supervisors, managers and employees receive formal training for Sexual Harassment and

Discrimination Prevention within six months of their appointment.

To ensure that required discussions and training take place, a written summary of each division’s adherence to

Management Bulletin No. 03-07

Sexual Harassment in the Workplace

Page 4

the policy must be forwarded, under the Division Chief’s or Director’s signature, to the EER&R Office by

January 31st of each year.

Management Bulletin No. 03-07

Sexual Harassment in the Workplace

Page 5

COMPLAINT PROCEDURES

Employees who believe they are or have been discriminated against in the workplace have an obligation to

immediately report the incident to:

• Their supervisor or manager; or,

• The Equal Employment Rights and Resolution Office.

If the alleged offender is also the employee’s supervisor or manager, the employee may contact a manager in

or out of the employee’s chain of command. As an alternative, the complaining employee may report the

incident to Robert Alderette, Director or Laurie Duval, Assistant Director of the EER&R Office, at (916) 324-

5482 or CALNET (8) 454-5482.

In addition to the foregoing obligated reporting, employees may also:

• Directly inform the offender that the conduct is unwelcome and must stop;

• Contact an Equal Employment Opportunity (EEO) Counselor for advice or assistance;

• Utilize the grievance procedure up to the third level, for certain Collective Bargaining

Units;

• Request mediation through the State Employee Mediation Program;

• Utilize the Department’s Employees Assistance Program.

It is the Department’s policy to resolve complaints at the lowest appropriate level. Confidentiality concerning

complaints or investigations is maintained to the greatest extent possible in order to prevent embarrassment,

further discrimination or harassment, or retaliation.

The Department is, however, compelled by law in certain situations to take actions that prevent the Department

from honoring requests for confidentiality.

If a complaint cannot be resolved informally, then the following are processes by which an employee may file a

formal complaint of discrimination or harassment:

Departmental Procedures:

a. Contracted grievance procedures, up to the third level, for certain Collective Bargaining

Units;

b. The Department’s formal investigative process, coordinated by the EER&R Office.

Outside Agencies:

a. State Personnel Board (SPB);

b. California Department of Fair Employment and Housing (DFEH);

c. Federal Equal Employment Opportunity Commission (EEOC);

d. U.S. Department of Justice, Office of Civil Rights.

The specifics of each process are explained in Administrative Bulletin 03-08, Discrimination, Harassment, and

Retaliation Complaint Procedures. Under the informal or formal Department processes, the complaint must be

filed within 365 calendar days of the most recent act related to the alleged discrimination. If the complainant did

not discover facts about alleged discriminatory practices until after the expiration of the one-year filing period,

Management Bulletin No. 03-07

Sexual Harassment in the Workplace

Page 6

she or he has an additional 90 days to file a complaint. Specific filing periods and fixed response dates, if the

grievance procedure is used, are set by each Collective Bargaining Unit’s Memorandum of Understanding

(MOU), i.e., contract.

RETALIATION

No person shall retaliate or threaten to retaliate against any individual who opposed a discriminatory

employment practice or participated in the discrimination complaint process. Retaliation against complainants

or any employee is prohibited by law and subject to disciplinary action. For further information refer to

Management Bulletin 03-06, Anti-Retaliation Policy.

RELATED BULLETINS AND OTHER INFORMATION

1. Grievance procedures for Collective Bargaining Unit employees can be found in their specific bargaining

unit contracts.

2. Management and Administrative Bulletins related to discrimination issues include:

• Management Bulletin 03-06, Anti-Retaliation Policy (For Protected Activity)

• Management Bulletin 03-05, Non-Discrimination Policy

• Administrative Bulletin 03-08, Discrimination, Harassment, and Retaliation Complaint

Procedures

Other information related to sexual harassment and discrimination complaint issues can be obtained through

the Intranet at http://dragon , your supervisor or the following office locations:

DOJ Equal Employment Rights and Resolution Office

1300 I Street, Room 1350

Sacramento, CA 95814

(916) 324-5482 or (8) 454-5482

DOJ Equal Employment Rights and Resolution Office

4949 Broadway, Room C134

Sacramento, CA 95820

(916) 227-3890 or (8) 498-3890

If hearing impaired, call the California Relay Service at: 1-800-735-2929 (From TDD* Phone)

1-800-735-2922 (From Voice Phone)

*TDD is a Telecommunication Device for the Deaf and is reachable only from a telephone equipped with a

TDD device.

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legal Definition of sexual harassment

sexual harassment

https://www.merriam-webster.com/dictionary/sexual%20harassment

noun

legal Definition of sexual harassment

: employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex; also : the tort of engaging in such discrimination — see also hostile environment sexual harassment, quid pro quo sexual harassment
Note: Sexual harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment.

 

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Laws Enforced by EEOC

Laws Enforced by EEOC
https://www.eeoc.gov/laws/statutes/index.cfm

 

Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

  • The Pregnancy Discrimination Act
    This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title I of the Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Sections 102 and 103 of the Civil Rights Act of 1991
Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Sections 501 and 505 of the Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Effective -  November 21, 2009.

This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

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Memoranda of Understanding

Memoranda of Understanding

https://www.eeoc.gov/laws/mous/index.cfm

Memoranda of Understanding (MOUs) explain how two or more agencies will cooperate and interact when their enforcement responsibilities overlap. MOUs involving other federal agencies must be approved by a majority of the Commissioners. The EEOC also has entered in to MOUs with foreign embassies and consulates to enhance cooperation on matters involving employment discrimination against foreign nationals working in the United States.

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