California

Scope

A California employer must comply with all of the federal regulations, as well as any state-specific standards that apply. Both federal EPA and OSHA keep a close eye on California’s programs, which must always meet or exceed the federal requirements.

Regulatory citations

• 29 CFR 1952.7 — California

Key definitions

• None

Summary of requirements

The Division of Workers’ Compensation (DWC) monitors the administration of workers’ compensation claims, and provides administrative and judicial services to help in resolving disagreements that arise with claims of workers’ compensation benefits.

The California Occupational Safety and Health Administration (Cal/OSHA) is a state-level agency that establishes and enforces worker health and safety regulations. It consists of the following:

• Division of Occupational Safety and Health (DOSH), which enforces California laws through its Cal/OSHA program and assists with workplace safety and health through on-site assistance, special programs, and educational materials.
• Occupational Safety and Health Standards Board, which adopts and maintains reasonable and enforceable standards.
• Occupational Safety and Health Appeals Board, which handles appeals regarding citations issued for alleged violations of workplace safety and health laws.
• Commission on Health and Safety and Workers’ Compensation, which oversees and recommends administrative or legislative modifications.

Effective January 1, 2011, Cal/OSHA compliance officers evaluate hazards during an inspection on the basis of realistic possibility instead of substantial probability. This means Cal/OSHA will be looking at a hazard and determining what’s likely to happen, not what could happen. The definition of serious physical harm includes loss of efficiency including in-patient hospitalization, loss of body part, permanent disability, or impairment that is sufficient to cause a body part to become permanently and significantly reduced.

Specific criteria that must be considered by a compliance officer before issuing a citation alleging a serious violation includes, among other things, all of the following:

• Training given to employees and supervisors;
• Procedures for discovering, controlling access to, and correcting the hazard or similar hazards;
• Supervision of employees exposed to the hazard; and
• Procedures for communicating information that the employer wishes to provide.

Cal/OSHA will consider the number of employees you have and the nature of the work being performed. It will also compare your company to similarly-situated employers to determine if the hazard(s) are industry-wide and if appropriate precautions are being taken.

Once a compliance officer determines that a serious violation is warranted, a form known as 1BY will be sent to the employer outlining the violations and requesting a response, in writing, that will be used in determining whether or not the violation should be cited as serious. Employers will have 15 days after the date of the mailing to return the form with a response, which will be considered prior to the issuance of a citation. If no information is received, the proposed citation may be issued.

See also contact information for California’s Department of Occupational Safety and Health.

The Division of Labor Standards Enforcement (DLSE) enforces minimum labor standards to make sure employees are not required or permitted to work under substandard, unlawful conditions. DLSE also investigates discrimination and public work complaints and settles wage claims.

The California Environmental Protection Agency (Cal/EPA) was formed to restore, protect, and enhance the environment. It consists of the state’s six major environmental departments, boards, and offices that focus on air, pesticides, toxic substances, waste management, health hazards, and water resources. Cal/EPA’s primary responsibility is to implement and enforce environmental rules and regulations.