On August 22, 2024, the California Department of Industrial Relations (DIR) and its Division of Occupational Safety and Health (Cal/OSHA) announced it has focused its recruitment efforts on hiring more staff in its Bureau of Investigations (BOI) unit.
The BOI unit is responsible for investigating employers engaging in serious workplace safety violations that lead to employee injuries and/or death. The BOI unit also makes recommendations for criminal prosecution against employers committing workplace safety infractions that result in accident-related employee deaths and life altering injuries. Since July, nine positions in the BOI unit have been filled and the Department is looking to fill two more positions within the state.
Employers engaging in unsafe workplace safety practices face stiff penalties in California. Currently, serious violations can cost an employer up to $25,000 for each violation. Repeat or willful violations can range from $11,337 to $158,727. Two other violations, “enterprise-wide” and “egregious” violations, were created in 2022. Under California Labor Code section 6317(b)(1), enterprise-wide violations occur when an employer has more than one worksite and either (1) has a written policy or procedure that violates safety and health standards, or (2) there is evidence of a pattern or practice of the same violation(s) at more than one of the employer's worksites. An egregious violation is defined as a willful violation plus the presence of at least one of the criteria listed under California Labor Code section 6317.8 (for example, the employer has intentionally disregarded their health and safety responsibilities).
The DIR is currently proposing amendments to regulations concerning enterprise-wide and egregious violations of employee safety and health requirements. The proposed penalty calculations are significant and employers committing these types of safety violations could face penalties in the hundreds of thousands to millions of dollars, depending on the circumstances of each violation.
Given Cal/OSHA has ramped up its staff to investigate employers committing serious and egregious workplace safety violations, employers should continue to focus their efforts on ensuring a safe workplace. If your organization has questions about California’s workplace safety requirements, including creating and maintaining a Workplace Illness and Injury Prevention Program, contact the Employers Council California Legal Services team at CAinfo@employerscouncil.org.
Jaimie Graczyk is an attorney for Employers Council.