O ctober 20, 2011• No tice o f Re gular Me e ting o f the Bo ard o f Dire cto rs
Agenda I . O PENI NG
A. Call to O rder (7:00) B. Verse
C. Roll Call and Establishment of Q uorum
I I . PUBLI C CO M M ENT (7:05) This portion of the meeting is set aside for members of the audience to make comments or raise issues that are not specifically on the agenda or for those that are on the agenda. These presentations are limited to three (3) minutes per presentation and the total time
allotted to non- agenda items will not exceed fifteen (15) minutes.
I I I . O PEN SESSI O N
A. Communications (7:20)
1. Board M ember Q uestions, Comments, Clarifications of the Agenda 2. Approval of M inutes: 10.06.11
3. Executive Director Report 4. Transition Team Report 5. Exit I nterview Report B. Financial H ealth (7:50)
1. FO LO CS Report 2. Annual Audit (action)
3. M onthly Financials: September (action) C. Governance (8:20)
1. Dress Code I mplementation (discussion)
2. Safety and Risk M anagement Policy Revision (discussion) 3. Small Contract Authorization (discussion)
4. Employment Conflict of I nterest Policy (discussion)
D. Report I tems not covered in Packet: can include appreciations and reports from ad - hoc committees
I V. CLO SED SESSI O N (9:00)
A. Public Employee Performance Evaluation: Class Teachers B. Conference with Labor Negotiator
1. Agency Designated Representative: M atthew M organ, Executive Director 2. Employee O rganization: Live O ak Teachers Association
V. O PEN SESSI O N
Public Report on action taken in closed session, if any
VI . AD JO URNM ENT (9:30)
Please Note: Any writings or documents provided to a majority of Board M embers regarding any item on this agenda after the posting of this agenda and not ot herwise exempt from disclosure, will be made available in the Live O ak Charter School main office. All writings will be made available in appropriate alternative formats upon request by a person with a disability, as required by the
October 6, 2011• Regular Meeting of the Board of Directors
MINUTES I. OPENING
A. Call to Order (7:05) B. Verse
C. Roll Call and Establishment of Quorum
Present:
Cliff Schlueter (CS) Tom Gallup (TG) Metha Singleton (MS) Bobbie Smith (BS) Debbie Elam (DE) Rachel Kaplan (RK) Julie Yarnall (JY)
Also present: Matthew Morgan (MM), Executive Director
II. PUBLIC COMMENT (7:07)
A parent expressed their support for uniforms, but barring that, expressed their support of the dress code as it stands now with strict enforcement.
A parent offered the school an opportunity for the school to obtain a wholesale account for doTERRA essential oils. This has the potential to generate ongoing income/revenue for the school. This parent would pay for the startup costs and provide diffusers for the classrooms.
A parent expressed their support to keep the dress code simple and uniform. Main point made was that the younger students look up to the older
students.
A parent expressed their interest in Option 1 of the proposed Dress Codes with the opportunities for 6-8 students from Option 3 added.
A parent acknowledged that middle school students are looking for ways to stand out - whether this is through the dress code or by having a space apart is not known, but balancing the fact that we are a K-8 school and honoring the older students need for self-expression is a tricky.
A parent expressed support of Option 1 but acknowledged that the older
A parent acknowledged the need for the dress code but referenced St. Vincent's where the older students get a day a month or some other regular day where the older students get more freedom. Also acknowledged was that this can be problematic when a parent has two or more children in different grades with different codes.
III. OPEN SESSION
A. Communications (7:25)
1. Board Member Questions, Comments, Clarifications of the Agenda
DE clarified that the agenda items under Governance were mis-numbered
JY announced the beginning/formation of a Parent Crafting Guild
2. Approval of Minutes: 09.22.11
RK moved to approve - all approved
3. Sunshining of Articles VII (Salaries) and XVIII (Employment Status) of the Collective Bargaining Agreement
DE provided some explanation of the process of negotiations/opening of articles to the public present.
4. Executive Director Report
MM indicated:
a. that he has received confirmation that soil samples and olive samples will be tested as part of the process to determine any
potential contamination in the garden.
b. Dragon Pagent was today.
c. Faculty will be meeting to discuss student culture tomorrow
d. Audit is complete
5. FOLOCS report
B. Board Development (7:35)
1. Presentation on Waldorf
DE led the group through an exercise in projective geometry and the infinite point and through this exercise made a connection to Waldorf education in that it allows for abstract thought and keeps the possibility of the infinite alive.
C. Governance (7:48)
1. Board Goals (action)
DE reviewed the goals.
BS shared that the Development Committee was reviewing their mandate and questioned whether Pledge Program Evaluation is appropriate for the Development Committee.
MM recommended that the Development Committee be left off of the Capital Fund Creation and Pledge Program Evaluation (Financial Goals 3 and 4)
DE recommended that the Development Committee be taken off Volunteer Recognition (Community Goal 2)
RK expressed concern that FOLOCS is not a Board committee and
questioned its appropriateness overseeing the Capital Fund Creation and Pledge Program Evaluation. Suggested that the Board's duty is to oversee and monitor the FOLOCS MOU and suggested that Financial Goals 3 and 4 be joined and retitled Oversight and Monitoring of MOU with FOLOCS.
DE suggested oversight of Volunteer Recognition live with the Executive Director.
TG moved to approve Board Goals as amended - all approved
2. Executive Committee Mandate (action)
TG questioned the extent of the Executive Committee for developing committee mandates.
MM suggested changing language to "manage and develop committee mandate process".
CS suggested the language be changed to "manage and develop committee creation and mandate process".
MM suggested that other bodies within the school (Class Coordinators) be able to form their own committees and that the Executive Committee be kept informed of their actions.
MS moved to approve as amended - all approved
3. Transition Committee Mandate (action)
MS reviewed the authority and task responsibilities.
MS shared that it was the recommendation of the consultant that this committee, in the Spring, either dissolve and be replaced by a
Personnel/Hiring Committee or morph into a Personnel/Hiring Committee.
TG questioned whether #5 was still needed.
MM suggested keeping it.
CS moved to approve - all approved
4. Sexual Harassment Policy (action)
RK suggested some grammatical and formatting changes.
MS suggested that a mechanism be developed for setting dates for reviewing policies when they are adopted.
RK suggested adding this policy review management to the Executive Committee's mandate.
RK moved to approve the policy and administrative regulations - all approved
5. Dress Code (action)
MM reviewed the different versions. Option 1 is most austere. Option is less so and Option 3 is most lenient.
DE shared that some emails she received from parents wanted to make sure that any policy keep in mind cost to parents and speed of implementation.
2 and 3 would be easier.
MM offered that this policy is all about the notion of justice and community values balanced against students' creativity and need for self-expression.
JY shared that the key is talking to the students and the teachers and making sure everyone is on the same page.
DE questioned when is the developmentally appropriate age for the allowance of self-expression vs. the potential negative influence to the younger students.
TG moved to approve Option 2 with the following changes
K-5
"embroidery" replaced with "icons" strike "no body piercing"
add "no visible temporary tattoos" 6-8
strike first two items under 6-8 dress code
change so that the 6-8 section reads properly (parallel structure)
6 approved, RK abstained
D. Report Items not covered in Packet: can include appreciations and reports from ad-hoc committees
JY shared a working draft of the mandate for the Adult Crafting Guild/Committee
DE suggested that this probably should be a Faculty Committee.
BS brought up the issue that having an instructional assistant lead/co-lead this group is something that the Board should be aware since it represents a reallocation of personnel resources. A related question is whether a teacher has the ability to reallocate the work of their assistant.
DE suggested MM work to adjust this arrangement so that it is more appropriate and conforms to the established work practices.
RK shared that a group met to discuss the concept of a Student/School Culture
IV. CLOSED SESSION (10:00)
A. Conference with Labor Negotiator
1. Agency Designated Representative: Matthew Morgan, Executive Director 2. Employee Organization: Live Oak Teachers Association
V. OPEN SESSION
No action to report
VI. ADJOURNMENT (10:45)
TRANSITION COMMITTEE REPORT Sept. 1, 2011
Committee Meetings; October 3, 2011 Metha, Debbie, Cliff, Mary Alice
Faculty Meetings: September 22, 2011 Metha September 29, 2011 Metha October 7, 2011 Metha
Class Coordinator Meeting:
September 21, 2011 Metha
Meetings with Administration:
September 29, 2011 Debbie, Metha, Matt October 29, 2011 Debbie, Metha, Matt October 13, 2011 Debbie, Metha, Matt
Meetings with Consultant/Rainbow
September 22, 2011 Debbie, Metha, Matt September 29, 2011 Debbie, Metha
Recommendations:
1. Adopt a policy for “SMALL CONTRACT APPROVAL” (See Draft in Board Packet)
2. Adopt a policy for “EMPLOYMENT OF RELATIVES” (See Draft in Board Packet)
3. Conduct a fall Parent Survey similar to last spring’s survey with three additional topics:
a. Specialty Program b. Communication Format
Exit interviews 2010-2011 Done by Rachel Kaplan
Open Session Report
20 children from 18 families left Live Oak Charter
2 – K-Julie 2 – Adrian 1 - Leah 4 – Tamara 1 – Mary 2 - Lois 8 – Tony
Every class except Anca’s had attrition from mid-2010 to mid-2011
5 left because of distance from home to school: 2 – Lemesh, 1 – K, 1 – Hartwell, 1 – Rivera
6 - non respondents to request for interview
Most Important
Almost 100% of the people I spoke to cited that the community and the relationships that were formed at LOCS were the most important and beneficial aspects of the school.
Comments for Improvement
Request for better RSP support – 2 families felt it was “totally inadequate”
Campus itself should be improved
Upper campus playground needs improvement
More rigor and academic challenge in the middle school – 4 parents
Work on better communication between students – bullying was mentioned. Connected to that was a request to empower kids more in middle school years, give them a stronger voice about how things are going at LOCS.
More support for teachers and more training for middle school teachers. Connected to that was a request to provide extra help for new teachers – train them to have better classroom management and discipline skills.
Departmentalize middle school
Reasons why parents took children out of school
Teacher was not connecting adequately with student
Special needs support was inadequate
Classroom culture was not supportive of learning or positive social dynamics. Not enough attention given to social dynamics.
Gaps in education were big – preparation for high school was slim. Lack of expectations and academic rigor were problems in middle school classes.
Live Oak Charter School
Clearing Account
9/20/11 -10/18/11Date Activity Amount Balance
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BOARD POLICYDRESS CODE
Live Oak Charter School is dedicated to offering the most that an education can give. The scope of this education does not stop with the “Three R’s,” but extends into consideration of the physical and cultural environment of the School. The desire for individuality in clothing is strong in modern culture and seeps down to the youngest ages due to the effectiveness of advertising. Yet within the Waldorf approach, the unfolding of the child’s individuality is best marked in the student’s work and relations with his classmates. It is our humanness that needs development, not our responsiveness to advertising, slogans, sports allegiances, etc. Clothing fads, competitiveness, precocious behavior, and
self-absorption can contribute to unnecessary conflict between students, between students and teachers, and between children and parents, undermining a productive learning atmosphere.
The Board wishes that clothing remain simple and functional. That Class teachers and school staff reserve the right to ascertain when clothing or appearance is unacceptable (regardless of whether the attire conforms to the “letter of the law.”) Anything that might become a distraction to learning should be avoided. Class teachers may have additional guidelines for their classes. Disregard for any of these standards may result in the parents being contacted to bring other clothes to school. Repeated offenses may result in disciplinary action, including suspension. The following guidelines should be used in the development of appropriate administrative policies.
1. Comfort and Practicality: Movement is a part of every school day. The student’s clothing should be loose enough for running, bending, jumping, etc. Shoes need to be comfortable, secure, and able to take the wear and tear of running games. Toes should be covered.
2. Sufficient Warmth: Children are unable to learn well if they are cold and their circulation is poor. All clothing must provide adequate temperature regulation given varied weather throughout the day. Our foggy mornings necessitate layers of clothes that can be peeled off as the children warm up. Coats are necessary during cold weather and legs must be covered. Layers of fleece or wool are good fabrics for keeping children warm. Boots and Raincoats are needed for rainy days.
3. Neatness: Neatness of dress and hair, cleanliness of hands, face and nails are all important to help a student feel prepared for their day and ready to engage in the social sphere.
4. Media Free Environment: The Waldorf curriculum emphasizes that students’ imagination and play, should arise from their own internal stories and meaning construction. Media generated stories and characters quickly dominate child play, obscuring a child’s own creativity, and their free exploration and interpretation of stories and events. In addition, media and commercial messaging targeted at children is designed to capture a child’s attention and loyalty to ensure students return as repeat consumers. The entire notion of capturing a child’s imagination for commercial benefit, or tethering their free exploration of story is anathema to natural childhood development. As such, media content on clothing, including cartoons and TV characters, is strongly discouraged.
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ADMINISTRATIVE REGULATION DRESS CODEIn order to provide a healthy Waldorf program it is important that the school institute a dress code that reflects the pedagogical and developmental needs of the K-8 student body. As such, the following dress code will be implemented. Students who do not comply with the dress code will be provided opportunities by school staff to cover, alter, or replace the garment or accessory so as to meet the guidelines. Students who demonstrate difficulty in meeting the dress code will be counseled by staff. If a student repeatedly or significantly violates dress guidelines, parents will be contacted for assistance. Defiance of Board Policy, or of staff administering Board Policy, will be handled progressively through congruent, responsive interventions which may include suspension. Section “A” guidelines apply to all Live Oak students, with adaptations for grades 6-8 noted in Section „B”.
A. Dress Code K-5
1. Clothing and accessories should not be disruptive, disturbing, or inappropriate for healthy child development in a Waldorf environment.
2. Clothing and accessories should be subtle and modest in fit and style and allow for full participation in school activities including movement and free play.
3. Clothing and accessories should be free from text and imagery.
a. Solid colors, Patterned fabric, geometric or abstract designs, plaids, floral prints, stripes, and simple decorative icons are acceptable.
b. Words and numbers, cartoons, scenic, realistic or media images are not acceptable. c. Garments from school activities that include text and image are acceptable. 4. Clothing must cover the body and undergarments from mid-thigh to top of chest.
5. Footwear must be worn at all times except when specified by staff. Toes must be covered by footwear. Shoes must be secure on feet and supportive during physical activity.
6. Jewelry is discouraged to protect students from injury, loss or damage.
a. Earring Studs or very small hoops (smaller than a dime) may be worn in pierced ears. No dangling jewelry may be worn.
7. Perfume is not allowed.
8. Hair coloring, facial cosmetics, temporary tattoos, or nail polish is not allowed 9. Hats and hoods must be removed while in class.
B. Dress Code 6-8
1. (Replaces A.3) Clothing and accessories may have limited display of text and imagery. The following guidelines apply.
a. Image or text may not be visually distracting, disruptive, or inappropriate to a K-8 school environment. b. Image or text may not advertise commercial interests, including media, is not allowed.
c. Image or text may not communicate violence, racism, sexism, macabre, drugs, sex, gangs, or disturbing concepts for young children.
d. Image or text from geographic locations is acceptable so long as it does not refer to a specific commercial entity.
e. Clothing logos or brand logos must be subtle, occupying space less than 4 square inches.
f. Clothing from youth athletic teams, clubs, or volunteer activities in which the student participates is allowed so long as it meets the above criteria
2. (Replaces A.6) Bracelets, necklaces and rings are allowed so long as they are not distracting, disruptive, or inappropriate to a K-8 school environment. In addition, they must not present health risks.
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BOARD POLICYRISK MANAGEMENT
The personal safety and health of students, staff and our community are a primary concern of Live Oak Charter School. In addition, the preservation of school property from accidental damage or loss is important for the fiscal health of the school. The Board is dedicated to
providing leadership and financial support necessary to develop and maintain adequate insurance programs and successful safety and loss control practices.
Prudent trusteeship of the resources of the district requires careful review of exposure arising from employing of staff, supervising of students, holding of real property, engaging in contractual arrangements, providing public services, and the possessing of liquid and other assets. The board recognizes the need to protect Live Oak Charter from these exposures through the fundamental risk management activities of risk identification, measurement, mitigation and assumption or transfer of risks through purchase of insurance, pooling with other districts or other risk financing practices.
Administrative procedures should detail, by position, the employee responsibilities, and the responsibilities should be included in job descriptions.
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BOARD POLICYEMPLOYEE SAFETY
The Governing Board believes that safety is every employee's responsibility. The Board expects all employees to use safe work practices and to report and correct any unsafe conditions which may occur. Supervisors shall constantly promote safety and correct any unsafe work practice through education, training and enforcement.
No employee shall be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety or well-being. Working conditions and equipment shall be maintained in compliance with standards prescribed by federal, state and local law and
regulations.
There shall be established an effective Injury Prevention Program. This written program shall include the identification of the position responsible for implementing the program, the method of identifying and evaluation of hazards, and the methods for correcting unhealthy conditions and work practices in a timely manner. A training program complying with Labor Code Section 6401.7 and General Industrial Safety Order 3203 will be implemented.
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This item is an activity that is required by Cal/OSHA for compliance with the IIPP standard.
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ADMINISTRATIVE REGULATION
INJURY AND ILLNESS PREVENTION PROGRAM
A. ASSIGNMENT OF RESPONSIBILITY(Title 8 CA Code of Regulations §3203(a)(1))
The Live Oak lead Injury and Illness Prevention Program (IIPP) administrator is:
Matthew Morgan, Executive Director 100 Gnoss Concourse #1
Petaluma, CA 94952 (707) 762-902
The responsibilities of the IIPP Administrator include: Preparing and updating our district’s IIPP Implementing the provisions in our IIPP Making sure each site has a copy of our IIPP
Making sure hazards, injuries and accidents in each site are routinely investigated Taking action to mitigate identified hazards
Establishing a district wide Safety Committee and designating a chairperson
Establishing procedures for employee reporting of workplace hazards, accidents, injuries and general safety concerns
Live Oak’s Safety Coordinators are:
Matthew Morgan, Executive Director Julie Beckner, Office Staff
The responsibilities of our school-site safety coordinators include: Conducting routine safety inspections
Participating on the district wide Safety Committee Participating in the mitigation of identified hazards Communicating with employees about safety
The responsibilities of all Live Oak employees include:
Reporting unsafe conditions, work practices or accidents to their supervisors or the school site safety coordinator immediately.
Following safe work practices.
Using appropriate personal protective equipment as instructed by their supervisors
This IIPP applies to all school sites
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This item is an activity that is required by Cal/OSHA for compliance with the IIPP standard.
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B. HAZARD ASSESSMENT / INSPECTION (Title 8 CCR §3203(a)(4))
Periodic inspections to identify and evaluate hazards at Live Oak sites will be performed by: Live Oak safety coordinators
Live Oak IIPP Administrator
Periodic inspections are always performed according to the following schedule: When we initially established our IIPP.1
Whenever new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace.1
Whenever new, previously unidentified hazards are recognized.1 Whenever occupational injuries and illnesses occur.1
Whenever workplace conditions warrant an inspection.1
When we hire and/or reassign permanent or intermittent employees to processes, operations, or tasks for which a hazard evaluation has not been previously conducted.1
C. ACCIDENT/EXPOSURE INVESTIGATIONS(Title 8 CCR §3203(a)(5))
Investigations of workplace accidents, hazardous substance exposures and near accidents will be conducted by:
Matthew Morgan, Executive Director
Workplace accident and hazardous substance exposure investigation procedures include: Visiting the scene as soon as possible.1
Interviewing injured employees and witnesses.1 Determining the cause of the accident/exposure.1
Examining the workplace and the incident for underlying causes associated with the accident/exposure.1
Taking corrective action to prevent the accident/exposure from reoccurring.1 Recording the findings and actions taken.
D. HAZARD CORRECTION (Title 8 CCR §3203(a)(6))
Unsafe or unhealthy work conditions, practices or procedures will be corrected in a timely manner based on the severity of the hazards. Hazards will be corrected according to the following procedures:
When observed or discovered;1
When an imminent hazard exists which cannot be immediately abated without
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This item is an activity that is required by Cal/OSHA for compliance with the IIPP standard.
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The Live Oak Employee Safe Work Practices Plan addresses the following hazards that may present themselves at Live Oak
Slip and fall hazards and ladder safety
Chemicals covered under Cal/OSHA’s Hazard Communication standard, including pesticides, cleaning products, lab chemicals,
Ergonomic hazards
Infectious diseases, including blood-borne and aerosol transmissible diseases Violence
Indoor air quality
Power tools and machinery hazards, including electrical safety, lock-out tag-out of machinery, machine guarding, etc.
E. COMMUNICATION WITH EMPLOYEES ABOUT SAFETY (Title 8 CCR §3203(a)(3)) All supervisors are responsible for communicating with their employees about occupational safety and health in a form readily understandable by all employees. Our communication system encourages all employees to inform supervisors about workplace hazards without fear of reprisal. Our communication system includes:
New employee orientation including a discussion of safety and health policies and procedures.1
Follow-through by supervisors to ensure effectiveness.1 Worksite-specific health and safety training.1
Regularly scheduled safety meetings.1 Our safety meetings are held twice a year during faculty/staff meetings held Thursdays at 1:30.
Effective communication of safety and health concerns between employees and supervisors, including language translation where appropriate.1
Posted or distributed safety information.1
A system for employees to anonymously inform administration about workplace hazards.1 This system involves placing an anonymous written notice in the Executive Director’s box.
Our safety meetings are held more frequently as deemed necessary by the creation of hazards or occurrence of injuries and illnesses.
F. TRAINING AND INSTRUCTION (Title 8 CCR §3203(a)(7))
All employees, including supervisors, will have training and instruction on general and job-specific safety and health practices. Training and instruction is provided according the following schedule:
When the IIPP was first established.1 To all new employees.1
To all employees in new job assignments for which training has not previously provided.1 Whenever new substances, processes, procedures, or equipment are introduced to the
school district and represent a new hazard.1
Whenever anyone is made aware of a new or previously unrecognized hazard.1
To supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.1
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This item is an activity that is required by Cal/OSHA for compliance with the IIPP standard.
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This training will include (but is not limited to):
An explanation of our IIPP, emergency action plan, fire prevention plan, measures for reporting any unsafe conditions, work practices, injuries and any additional instructions that are needed.
The availability of toilet, hand-washing, and drinking water facilities.
Provisions for medical services and first aid, including emergency procedures.
Proper housekeeping, such as keeping stairways and aisles clear, keeping work areas neat and orderly, and promptly cleaning up spills.
Prohibiting horseplay, scuffling, or other acts that adversely influence safety. Proper storage to prevent:
Stacking goods in an unstable manner
Storing materials and good against doors, exits, for extinguishing equipment and electrical panels.
Where applicable, our training may also include:
The prevention of musculoskeletal disorders, including proper lifting techniques. The use of appropriate clothing, including gloves, footwear, and personal protective
equipment.
Information about chemical hazards to which employees could be exposed and other hazard communication program information.
Proper food and beverage storage to prevent them from becoming contaminated.
In addition, we provide specific instructions to all employees regarding hazards unique to their job assignment, to the extent that such information was not already covered in other trainings.
G. EMPLOYEE COMPLIANCE WITH SAFETY PROCEDURES (Title 8 CCR §3203(a)(2))
Management is responsible for ensuring that all safety and health policies and procedures are clearly communicated and understood by all employees. Supervisors and lead personnel are expected to enforce the rules fairly and uniformly.
All Live Oak employees, including supervisors, are responsible for complying with safe and healthful work practices. Our system of ensuring that all employees comply with these practices includes all of the following checked practices:
Informing employees of the provisions of our IIPP. Evaluating the safety performance of all employees.
Providing training to employees whose safety performance is deficient.
Recognizing employees who perform safe and healthful work practices. This recognition is accomplished by the Executive Director and Office Staff.
Disciplining employees for failure to comply with safe and healthful work practices. The following outlines our disciplinary process: Written and verbal warning, follow up to ensure practice is corrected.
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This item is an activity that is required by Cal/OSHA for compliance with the IIPP standard.
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Although school districts are not required to keep records or documentation of the elements of an IIPP, except the written program itself, our school district maintains the following records to help us more efficiently and effectively implement our IIPP (optional):
Records of scheduled and periodic inspections (to identify unsafe conditions and work practices, including the names of the person(s) conducting the inspection, the unsafe conditions and the work practices that have been identified, as well as the action(s) taken to correct the identified unsafe conditions and work practices. These records are
maintained for at least one (1) year.
Documentation of our safety and health training.
The master copy of this IIPP can be found at
Live Oak Charter School Main Office
100 Gnoss Concourse, #1 Petaluma, CA 94952
California Labor Code Section 6401.7
(a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements: (1) Identification of the person or persons responsible for implementing the program.
(2) The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
(4) An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment. (5) The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. (6) The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
(b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
(c) The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard.
Beginning January 1, 1994, an employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employer's employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employee's job duties. (d) The employer shall keep appropriate records of steps taken to implement and maintain the program. Beginning January 1, 1994, an employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with the requirements of this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employee' s job duties.
(e) (1) The standards board shall adopt a standard setting forth the employer's duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employer's injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards. (2) Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers' compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employer's duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision
(d).
(3) The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the "designated list of high hazard industries" shall be the list established pursuant to this paragraph. For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list.
(4) For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list.
(f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employer's injury prevention program. The board shall establish criteria for
use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following: (1) Review of the employer's (A) periodic, scheduled worksite inspections, (B) investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances, and (C) investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations. (2) Upon request from the division, verification of abatement action taken by the employer as specified in division citations.
If an employer's occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a).
(g) The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee. (h) The employer's injury prevention program, as required by this section, shall cover all of the employer's employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job. (i) When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agency's injury prevention program.
(j) (1) The division shall prepare a Model Injury and Illness
Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace.
An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employer's adoption and implementation of the model program.
(2) For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 60-67), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, the Division of Labor Statistics and Research, and all other appropriate information.
The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially.
(3) The division shall prepare a Model Injury and Illness
Prevention Program for Employers in Industries with Intermittent Employment, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto.
(k) With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision
(d) shall not apply.
recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist.
§3203. Injury and Illness Prevention Program
(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum:
(1) Identify the person or persons with authority and responsibility for implementing the Program.
(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.
EXCEPTION: Employers having fewer than 10 employees shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employees' job assignments as compliance with subsection (a)(3).
(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards.
(A) When the Program is first established;
EXCEPTION: Those employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing section 3203. (B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and (C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(5) Include a procedure to investigate occupational injury or occupational illness. (6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered; and,
(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards. (7) Provide training and instruction:
(A) When the program is first established;
EXCEPTION: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with the previously existing Accident Prevention Program in Section 3203.
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously been received;
(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed. (b) Records of the steps taken to implement and maintain the Program shall include:
(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and
EXCEPTION: Employers with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.
(2) Documentation of safety and health training required by subsection (a)(7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year.
EXCEPTION NO. 1: Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.
EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon termination of employment.
Exception No. 3: For Employers with fewer than 20 employees who are in industries that are not on a designated list of high-hazard industries established by the Department of Industrial Relations (Department) and who have a Workers' Compensation Experience Modification Rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries on a designated list of low-hazard industries established by the Department, written documentation of the Program may be limited to the following requirements:
A. Written documentation of the identity of the person or persons with authority and responsibility for implementing the program as required by subsection (a)(1). B. Written documentation of scheduled periodic inspections to identify unsafe conditions and work practices as required by subsection (a)(4).
C. Written documentation of training and instruction as required by subsection (a)(7).
Exception No. 4: Local governmental entities (any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement) are not required to keep records concerning the steps taken to implement and maintain the Program.
Note 1: Employers determined by the Division to have historically utilized seasonal or intermittent employees shall be deemed in compliance with respect to the requirements for a written Program if the employer adopts the Model Program prepared by the Division and complies with the requirements set forth therein. Note 2: Employers in the construction industry who are required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the Division, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to the employee's job duties.
(c) Employers who elect to use a labor/management safety and health committee to comply with the communication requirements of subsection (a)(3) of this section shall be presumed to be in substantial compliance with subsection (a)(3) if the committee:
(1) Meets regularly, but not less than quarterly;
(2) Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the committee meetings and, maintained for review by the Division upon request. The committee meeting records shall be maintained for at least one (1) year;
(3) Reviews results of the periodic, scheduled worksite inspections; (4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;
(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;
(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and
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EMPLOYMENT OF RELATIVES POLICY
Personnel policies and procedures establish a framework and set standards that guide how we should conduct ourselves as employees and members of the Live Oak Charter School
community. This includes how we perform our jobs, make decisions, interact with one another and manage the business operations of the school.
All employees share responsibility for protecting the well-being of the community and for adhering to standards of behavior that make this a great school and great place to work.
INTENT
The intent of this policy is to ensure equitable treatment of all employees, avoid conflicts of interest and prevent the appearance of partiality in the hiring, promotion, demotion,
reassignment, and transfer of employees, thereby limiting the negative effect on morale and the appearance of impropriety.
EMPLOYMENT OF RELATIVES OR FRIENDS
The intent of this policy is to ensure equitable treatment of all employees, avoid conflicts of interest and prevent the appearance of partiality in the hiring, promotion, demotion,
reassignment, and transfer of employees, thereby limiting the negative effect on morale and the appearance of impropriety.
Relatives of employees may be hired by the school (in accordance with normal staffing requirements), but not in a position which involves a direct supervisory relationship with a Relative. Furthermore, no employee may work in a position in which he or she has the authority to influence, directly or indirectly, any term or condition of employment of the Relative. In the event a relationship between two employees is created during employment that puts the employee in a position where s/he works in a relative’s direct line of supervision, or in a position that poses a possible conflict of interest, each employee involved has a responsibility to
immediately inform the Executive Director. An appropriate solution will be sought as soon as practical.
Relatives are considered a spouse, ex-spouse, child, parent, sibling, grandparent, aunt, uncle, niece, nephew, step-relatives, in-laws, significant other, domestic partner or any other
relationship that would present a conflict of interest as determined by the Executive Director.
PARENT AS AN EMPLOYEE
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SMALL CONTRACT APPROVAL
INTENT
The intent of this policy is to facilitate the daily operations of Live Oak Charter School and to ensure a timely response to student and faculty needs by giving the Executive Director the authority to negotiate and enter into small contracts.
DIRECTION
