• Rules. California is a “state-plan” state; that is, it has a federally approved occupational safety and health regulatory program. The California Occupational Safety and Health Act (Cal/OSH Act) applies to all employers in both public and private sector workplaces. California has a unique criminal and civil penalty structure and has adopted many state-specific penalty provisions that are stricter than their federal counterparts. California’s criminal and civil penalties for violations of safety and health standards appear in Table 1. See Table 2 for state penalties for violations of Department of Transportation (DOT) hazardous materials laws.
• Administration and enforcement. Cal/OSHA, a division within the Department of Industrial Relations, administers and enforces workplace safety regulations.
| Prohibited Act | Penalties |
| Cal/OSHA: Knowing or negligent violation of workplace safety laws | Criminal: CLC 6423: Misdemeanor punishable by up to $5,000 and/or up to 6 months’ imprisonment |
| Cal/OSHA: Repeated knowing or negligent violations; inducing others to commit violations; failure to report a death | Criminal CLC 6423, 6425 Misdemeanor punishable by up to $15,000 and/or up to 1 year’s imprisonment; up to $150,000 fine if the defendant is a corporation; for subsequent violations, up to $250,000 and/or up to 3 years’ imprisonment, and not less than $500,000 or more than $2.5 million if a corporation |
| Cal/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 ... |
State Requirements
National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | National | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |California Enforcement Resources
| Type | Title |
|---|---|
| Checklists | Checklist: Do you have what it takes to argue your affirmative defense? |
| Forms | Notice of Alleged Health or Safety Hazards |
| Posters | Whistleblowers Are Protected (Cal/OSHA, PDF) |
| White Papers | Your guide to COVID-19 enforcement |