Regulatory Updates

Get updated regulations involving workplace safety and other topics. The following table summarizes changes implemented in AB 1127.

Prior to AB 1127

Section

Changes to Regulation

A civil penalty of up to $ 7,000 per day can be assessed against an employer for every day the violation remains unabated

6429 Willful Violations

Maximum amount of penalty raised to $ 15,000 per day for failure to abate a violation. Any employer found not to have abated a violation after submitting a signed statement affirming abatement of the violation is guilty of a public offense punishable by imprisonment in county jail for up to 12 months and/or a fine of up to $ 30,000. If the defendant is a corporation or LLC, a fine up to but not exceeding $300,000 can be assessed against the employer.

Any employer or employee having direction, management, control or custody of any employment, place of employment or other employee guilty of a willful violation that results in death or permanent or pro longed impairment is subject to a county jail term of up to 6 months and/or a fine not more than $ 70,000 or both.

6425 Willful Violations causing Death or Prolonged Impairment

Possible jail term increased to a maximum of 12 months or a fine of up to $ 100,000 or both, or a state prison term of 16, 24, or 36 months and/or fine of up to $ 250,000; corporate fine of up to $ 1,500,000. If a violation is committed within 7 years of a 6423 violation, penalty is state prison term of 16 months to 3 years and/or a fine of up to $250,000; corporate or LLC fines of between $500,000 and $2,500,000 . If willful violation resulting in death or permanent or prolonged impairment occurs within 7 years of previous such violation, punishment for individual is state prison term of 2, 3, or 4 years and/or $250,000 fine; corporate or LLC fines of between $1,000,000 and $3,500,000. Courts shall consider " all relevant circumstances " in determining the amount of the fine. "Willful " is as defined in the Penal Code.

DOSH required to investigate complaints of safety & health violations from employees, employee's representative, employer of employee directly involved in unsafe place of employment. Up to 3 days allowed for investigating serious violation charges and up to 14 days allowed for non-serious charges.

6309 Safety Complaints

DOSH must now investigate complaints from employees, employee's representative (including attorney), health & safety professional, union representative, representative of a government agency, employer of the employee directly involved in the unsafe place. Time frames remain the same except that DOSH must now also investigate allegations of serious violations made by state or local prosecutors within 24 hours.

Employees allowed 30-days to file discrimination complaints.

98.7 Discrimination Complaints

Employees now have up to 180-days to file discrimination complaints.

Employers guilty of serious violations could be assessed a civil penalty of up to $ 7,000 per violation.

6428 Civil Penalties

Civil penalty increased to a maximum of $ 25,000 per violation. No adjustments for good faith or history can be made if the employer does not have an operative IIPP.

Every employer, officer, management official or supervisor having direction, management, control or custody of any employment, place of employment or other employee was guilty of misdemeanor for knowingly, negligently or repeatedly violating any standard, order or special order, if the violation is serious. Penalties include possible county jail term up to 6 months and a fine of up to 5,000.

 

6423 Serious Violation Penalties

Possible jail term increased to a maximum of 12 months and a fine of up to $15,000 against individuals for repeated violations, failure to comply, or inducing another to violate a safety order; penalties of up to $150,000 can be assessed against corporations or LLCs.

Penalties ranging between $ 5,000 and $ 70,000 can be assessed against employers for willful or repeat violations.

6429 Willful Violations

Employers can now be assessed penalties of between $5,000 and $ 70,000 for each violation. No adjustments will be made for good faith or history of previous violations. DOSH must keep records of inspections, investigations, and citations for a period of 7 years.

Prior to AB 1127, CA DOSH enforcement policy followed Fed-OSHA policy that was not codified by statute. Citations could be issued to multiple employers at work site. If an employer met 5 legitimate defense criteria, no citations could be issued against the employer.

6400 Multi-employer Work Site Policy

Multi-employer work site policy codified into Labor Code. Citations can be issued to any of the following categories of employer when DOSH has evidence that an employee was exposed to a hazard in violation of any enforceable standard regardless of whether their own employees were exposed to the hazard.

  • Employer who exposed employees to the hazard
  • Employer who created the hazard
  • Employer responsible by contract or through actual practice for the safety and health conditions on the work site and who has the authority for ensuring that the hazard is corrected
  • Employer who has the responsibility for correcting the hazard

Public entities were exempted from civil penalties as well as penalties for failure to abate.

6429 Willful Violations

Penalty exemption has been eliminated. Monetary penalties paid by public schools will be credited to a special fund from which schools can be reimbursed after abating the violation condition.

Title 8 Standards and prior citations not admissible in personal injury or wrongful death actions.

6304.5 Admissibility of Evidence

Title 8 Standards may now be entered into evidence. OSHA testimony on prior citations, application of standards, and expert opinion is not admissible. Citation information and OSHA personnel testimony can only be used as evidence in personal injury or wrongful death actions between an employee and his or her own employer.

When a substantial probability that death or serious harm could result from a serious exposure exceeding an established permissible exposure limit or a condition which existed, or from one or more practices, means, methods, operations, or processes which had been adopted or were in use, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

6432 Serious Violation definition

Definition is the same but in order for the employer to disprove the existence of a serious violation, the employer must demonstrate that it did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation. Prior to AB 1127, DOSH