Liability Issues

REGULATORY AUTHORITY

DPA Rule 599.935

Rule 599.935 (Appendix C) was established in 1988 when the DPA was conducting the wellness pilot project. This rule authorizes appointing powers to purchase exercise equipment, health risk appraisals and other wellness related items for its excluded employees. In the absence of specific language in Memoranda of Understanding (MOU), this rule may be used as authority to purchase these services and items for rank and file employees. At the current time, only the California Highway Patrol (Bargaining Unit 5) has specific language related to wellness in its MOU (Appendix C).

Executive Order D-48-85

This Executive Order specified that all state agencies would dedicate resources to reduce work-related injuries and illnesses and would appoint safety and return-to-work officers to obtain compliance with the Order (Appendix D). Additionally, California Code of Regulations, Title 8, Section 3203, General Industry Safety Orders (Appendix D), mandated that every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP). Labor Code Section 6401.7 also mandates the establishment of an effective injury prevention program (Appendix D).

The implementation of an employee health promotion program can assist departments in with their safety program. As stated in the Surgeon General's Report on "Physical Activity and Health", there is a strong relationship between physical activity and the overall well being of an individual. Further, there is a strong connection between many "safety" related programs and wellness. If an employee is physically fit, studies show a reduction in job-related injuries, workers' compensation claims and sick leave usage. Topics for safety instruction which have traditionally been thought of as only safety related but overlap into the wellness program include ergonomics, back care classes, and repetitive motion avoidance training. In Appendix E is articles which show the relationship between wellness and safety.

California Legislative Support

In 1995 and 1996 the Legislature proclaimed the month of October to be "Workplace Fitness Month in California." In the Resolution it stated "The California Legislature supports the promotion of employee fitness programs as a means to reduce workplace absenteeism and employee turnover while bolstering employee morale and commitment (Appendix F).