Seyfarth Synopsis: The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements. The amendments should simplify compliance, but employers should not overlook a key aspect of the new rule: the obligation to evaluate workplace-specific hazards and provide additional first aid supplies where reasonably necessary. Assuming approval by the Office of Administrative Law, the amendments are expected to become effective on January 1, 2027.
Background
The California Occupational Safety and Health Standards Board has approved long-awaited revisions to California’s workplace first aid requirements. The amendments to sections 1512 (construction) and 3400 (general industry) modernize California’s approach to workplace first aid kits and provide employers with a more flexible path to compliance. The rulemaking now proceeds to the Office of Administrative Law for review and, if approved, is expected to become effective on January 1, 2027.
The Biggest Change for General Industry Employers
The most significant practical change affects general industry employers. Historically, section 3400 required first aid materials to be approved by a consulting physician. This resulted in many employers facing citation not because their first aid kits were inadequate, but because they didn’t have an approval letter. The revised regulation replaces that framework with a simpler alternative. Employers may now either:
(1) Provide a first aid kit that complies with ANSI/ISEA Z308.1-2021 Class A workplace first aid kit requirements; or
(2) have the contents determined by an employer-authorized licensed physician or other licensed health care professional (PLHCP).
The Rule Is About More Than First Aid Kits
The amendments also require employers to:
- Evaluate the number of first aid kits needed based on employee locations and workplace hazards.
- Ensure first aid kits are readily available.
- Communicate first aid kit locations to employees.
- Clearly identify kit locations where practicable.
- Inspect and replenish first aid supplies as necessary.
Employers should therefore view this as a broader first aid program update, not simply a change to first aid kit contents.
The Hazard Assessment Requirement
The amended standards require employers to provide additional specialized first aid items when a hazard assessment identifies workplace hazards that are unique, reasonably anticipated; and potentially serious. As a result, an ANSI-compliant Class A kit may satisfy the baseline requirement, but it may not be sufficient for every workplace.
The Board specifically rejected proposals to require items such as naloxone or epinephrine in all workplaces, instead concluding that such issues should be addressed through the hazard assessment process. Employers should therefore consider whether their operations involve chemical, electrical, thermal, remote-work, or other unique hazards that warrant additional supplies.
What Employers Should Do Now
Assuming OAL approval, employers should begin reviewing their first aid programs before the anticipated January 1, 2027 effective date.
Key questions include:
- Do existing first aid kits satisfy ANSI/ISEA Z308.1-2021 Class A requirements?
- Are first aid kit locations adequately communicated and identified?
- Is there a process for inspecting and replenishing supplies?
- Has the employer evaluated whether workplace-specific hazards require additional first aid items?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]