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 What You Need to Know in 2022
Developments in Cal/OSHA

As of January 1, 2022, there will be a rebuttable presumption that an employer with multiple work locations has committed an “enterprise-wide” violation if Cal/OSHA determines that the employer maintains a non-compliant written procedure or policy or finds evidence of a pattern or practice of the same violation or violations committed by that employer involving more than one of the employer’s worksites.  Violators will be assessed a civil penalty between $8,980 and $124,709 per willful violation.  The bill authorizes Cal/OSHA to seek an injunction restraining certain uses or operations of employment if it has grounds to issue a citation. This is a major expansion of Cal/OSHA enforcement powers as, currently, Cal/OSHA may only seek an injunction if “the condition of any employment or place of employment or the operation of any machine, device, apparatus, or equipment constitutes a serious menace to the lives or safety of persons about it.”  
Cal/OSHA may also issue an “egregious violation” if it discovers one of the following occurred within the past five years:
  • The company, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.

  • The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses. For purposes of this paragraph, “catastrophe” means the inpatient hospitalization, regardless of duration, of three or more employees resulting from an injury, illness, or exposure caused by a workplace hazard or condition.

  • The violations resulted in persistently high rates of worker injuries or illnesses.

  • The company has an extensive history of prior violations of this part.

  • The company has intentionally disregarded their health and safety responsibilities.

  • The company’s conduct, taken as a whole, amounts to clear bad faith in the performance of their duties under this part.

  • The company has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in place.
For purposes of issuing penalties or fines, each employee subject to an egregious violation will qualify as a separate violation.

We wish you a happy holiday season, and
a Happy New Year

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