On August 19, 2024, Cal/OSHA will hold an advisory committee meeting to solicit input on proposed amendments to regulations concerning Enterprise-wide and Egregious violations of employee safety and health requirements.
Since 2021, Labor Code sections 6317 and 6317.8, require, among other things, that Cal/OSHA issue citations for “Enterprise-wide” and “Egregious” violations. While these classifications of violations are defined in Labor Code sections 6317 and 6317.8, regulatory action is necessary to incorporate these classifications into the existing framework for citation classification and penalty calculation, and to provide definitions and procedures that will allow employers to comply with the statutes’ requirements. The proposed amendments also are necessary to ensure that California’s enforcement program remains at least as effective as the federal OSHA program.
Proposed changes include the following:
- Adding Enterprise-wide violations to the regulations regarding classification and calculation of penalties for alleged violations.
- Interpreting and defining the statutory language of Labor Code section 6317.8 regarding Egregious violations.
- Setting forth how penalties will be calculated for each instance of an employee exposed to an Egregious violation.
- Changing various subsections of Title 8, sections 334-336: (1) To reflect that the look-back period for determining how (if at all) a penalty should be adjusted to account for an employer’s history is five years, not three (consistent with the look-back period for Repeat violations); and (2) Deleting a reference to a subsection that was stricken in 2017.
The advisory committee will consist of employers, employer representatives, worker representatives, trade associations, labor organizations, community groups, and public agencies. Members of the public who are not on the committee may observe the meeting and provide written comments on the Proposed Rule at [email protected]. Comments should specifically reference the proposed changes.
For additional information visit Cal/OSHA’s Advisory Meetings webpage.