The Latest Top Cal/OSHA Violations and Trends in Cal/OSHA Enforcement

Presented by: Andrew Sommer, Esq., Conn Maciel Carey LLP

California’s Division of Occupational Safety and Health is perhaps the most aggressive and enforcement heavy approved state OSH program in the nation. In the past year, DOSH has found 93 percent of the businesses that were inspected out of compliance and issued citations amounting to over 2,700 violations. Some of the most commonly cited violations involve California’s unique regulatory requirements such as the Injury and Illness Prevention Program, Heat Illness Prevention Plan and Reporting standards. In the coming year, employers can expect an uptick in Cal/OSHA violations characterized as “Repeat,” and given the state’s recent amendments to its repeat violation standards, they’ll need to conform to federal OSHA’s policy. In addition, employers are likely to face increased civil penalty amounts across the board. Due to pressure from federal OSHA to mimic its new penalty structure directed by Congress last year, penalties could increase up to $126,750.

This session will address:

  • The top Cal/OSHA violations and enforcement trends—and how they compare and contrast with federal OSHA
  • A close look at Cal/OSHA’s new Repeat violation rule
  • Potential changes to Cal/OSHA’s maximum penalty authority on the horizon
  • California’s unique standards concerning notices of intent to issue Serious violations (1BY)
  • Tips for navigating the Cal/OSHA appeals process