Steve Sutter
Cal/OSHA Safety Order 3203 requires every employer to establish, implement, and maintain an effective written injury and illness prevention program that includes a system for ensuring that employees observe safe and healthy work practices. Safety training programs are among the means by which employers can comply with the order.
Some employers, however, may not be aware that federal regulations specify that employees' required attendance at safety meetings counts as paid working time. Time in safety training need not be paid only if all four of the following tests are met: (1) the meeting is not directly related to the employee's job; (2) attendance is voluntary; (3) the employee does not do any productive work during the meeting; and (4) attendance is outside the employee's regular work hours.
The training is directly related to the job if it is designed to make the employee handle that job more effectively as distinguished from training for another job, or to acquire a new or extra skill. Attendance is not voluntary if it is required by the employer or if the employee is led to believe that nonattendance would adversely affect duration of the job or existing working conditions.
Reference: "Interpretive Bulletin, Part 785: Hours Worked Under the Fair Labor Standards Act of 1938, As Amended," U.S. Department of Labor, WH Publication 1312, 12/86, p. 8, provided by Wage and Hour Div., 2202 Monterey St., Suite 104D, Fresno, CA 93721; 209/487-5317.
Safety training sessions are also compensible time under the California
Labor Code, according to Simon Reyes, Division of Labor Standards Enforcement
in San Francisco.
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