California Enforcement laws & safety compliance analysis

California Enforcement : What you need to know

Comparison: State vs. Federal

Rules. California has its own federally approved state occupational safety and health plan. Therefore, the California Occupational Safety and Health Act (Cal/OSH Act) applies to all employers in both public and private sector workplaces. California's OSH Act has adopted the penalty provisions of the federal OSH Act in most cases, and has increased penalty limits for knowing and willful violations. See TABLE 1 for penalties for violations of safety and hazardous materials transportation laws.

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Administration and enforcement. Cal/OSHA administers and enforces workplace safety regulations.

Requirements

TABLE 1: VIOLATIONS OF SAFETY LAWS

TABLE 2: VIOLATIONS OF DOT HAZMAT LAWS

DISCUSSION

TABLE 1: VIOLATIONS OF SAFETY LAWS
Prohibited Act Penalties
OSHA: Knowing or negligent violation of workplace safety Criminal:CLC 6423:A misdemeanor punishable by rules up to $5,000 fine or up to 6 months' imprisonment or both
OSHA: Repeated knowing or negligent violations; inducing others to commit violations; failure to report a death Criminal:CLC 6423 and CLC 6425:A misdemeanor punishable by up to $15,000 fine or up to 1 year's imprisonment per violation, or both; up to $150,000 fine if the defendant is a corporation; for subsequent violations, up to $250,000 and/or 3 years' imprisonment, and not less than $500,000 or more than $2.5 million if a corporation
OSHA: Willful violation causing death or permanent impairment to an employee Criminal:CLC 6425:Up to $250,000 and/or 3 years' imprisonment; up to $1.5 million fine if defendant is a corporation; for subsequent violations, up to $250,000 and/or 4 years' imprisonment, and not less than $1 million and not more than $3.5 million if a corporation
OSHA: False statement, ...

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