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The Solution To: CAL/OSHA Compliance of AB1127 Effective: January 1, 2000

Problem:

In October 1999, Governor Gray Davis signed into law AB1127, the Cal/OSHA reform bill by Steinberg. The changes in the Labor Code affect all businesses in the State. Most disturbing to small businesses is the change in the fine structure that Cal/OSHA may impose on a business.

Section 6428 of the Labor Code

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.

Additionally, the civil penalties have become much more expensive and harsher also as follows:

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.

Other significant changes include:

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;

The Solution?

Let ISU Safety Services help you

Get into compliance by surveying your business operation to help prepare you for CAL/OSHA inspections. We can guarantee your compliance, if your are willing to make the necessary changes.

With designations of a PE (professional engineer) or CSP (Certified Safety Professional) our consultants, with over 30 years professional safety experience, are people you can trust.

A complete ISU Safety Services CAL/OSHA survey starts at only $395.00 - a drop in the bucket compared to $25,000/violation.