CHANGES TO THE LABOR CODE and Cal/OSHA Fines [Section 6428]

AB 1127 (Chapter 615, Statutes of 1999)

Section 98.7 Extends period for an employee to file a Cal/OSHA discrimination complaint with the Labor Commissioner from 30 days to 6 months;

Section 6304.5 Permits Title 8 standards to be entered into evidence in civil suits; and makes inadmissible DOSH employee testimony about citation issuance, applicability of Title 8 standards and their expert opinion;

Section 6309 - (1) Expands the scope of "employee's representative," whose complaints must be treated as "formal" by Cal/OSHA, to include "an attorney, health or safety professional, union representative; or representative of a government agency;" (2) Allocates inspection resources first to those complaints where "time-is-of-the-essence"; and (3) Requires inspections to be conducted within 24 hours for complaints of serious violations from state or local prosecutors;

Section 6400 Codifies DOSH's multi-employer regulation into statute;

Section 6423 Increases fines and prison terms penalties for certain Title 8 violations which are charged by a district attorney; applies to any manager or supervisor or any employee with custody or control - a civil penalty up to $15,000 or 1 year in a county jail or both unless the defendant is a corporation or LLC - a civil penalty up to $150,000.

Section 6425 Increases fines and prison terms that a court may impose for willful violations causing an employee's death or permanent or prolonged impairment of the body, which are charged by a district attorney; applies to any manager or supervisor or any employee with custody or control - a civil penalty up to $100,000 or 1 year in a county jail or both,, or state prison for 16 months, 2 or 3 years or fine up to $250,000 or both, unless the defendant is a corporation or LLC - a civil penalty up to $1,500,000. Repeat convictions can reach $3,500,000.

Section 6428 Increases monetary penalty for serious OSHA violation from a maximum of $7,000 to $25,000; a "serious citation" is given for any hazardous condition that can cause serious injury, disability, or death.

Section 6429 No penalty adjustment for good faith or history for repeated violations; and DOSH must preserve records for not less than seven years;

Section 6430 Increases penalty for failure-to-abate violation from $7,000 to $15,000 a day; and makes it a crime for employers who submit a false statement of abatement;

Section 6432 Eliminates the requirement that the Division prove "employer knowledge" of the presence of a serious violation as a part of its case-in-chief, rather. Section 6432 now provides that a serious violation does not exist if the employer can demonstrate that it did not, and could not with the exercise of reasonable diligence, know of the presence of the violation (i.e., converts the absence of actual or constructive knowledge into an affirmative employer defense);

Section 6434 Eliminates exemption of public entities from civil penalties (but provides for reimbursement procedures for public schools, colleges and universities under certain circumstances);

Section 6719 Reaffirms the Legislature's concern over repetitive motion injuries in the workplace and the Standards Board's continuing duty to carry out Section 6357.