John Blackstock, an apprentice electrician with Rick’s Electric Inc., a San Diego electrical contractor, was seriously hurt when he received a 227-volt shock while working on electrical cables. Foreman Glen Woodmansee believed the cables weren’t energized, but didn’t check before assigning Blackstock to the project. Plus, Blackstock hadn’t been trained to work on live equipment. After a Cal/OSHA investigation, the government levied a $40,000 fine against the employer.
Cal/OSHA Hits Employer With Willful Violation Citation
Cal/OSHA found that Rick’s Electric had violated a safety regulation requiring that employees be allowed to work on energized equipment only when they are properly trained and when a supervisor specifically authorizes it—so that precautions can be taken. Cal/OSHA classified the citation as willful, in part because a similar accident had occurred at Rick’s Electric just three weeks earlier.The employer challenged the citation, arguing that because it didn’t intentionally violate a safety regulation or intentionally fail to correct a known safety hazard, the violation wasn’t willful. After the Cal/OSHA appeals board upheld the penalty, Rick’s Electric filed an appeal in court.
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Violation Need Not Be Intentional
The Court of Appeal also upheld the citation. It explained that “willful” doesn’t necessarily mean the employer intended to break the law, only that the company committed a voluntary act and knew it would violate a safety order. Willfulness may be implied if there were prior similar incidents, as in this case, or if regulators discussed a violation with the employer during a previous inspection. The court said a violation may also be willful if an employer was aware of a hazardous condition but failed to correct it.The fact that Rick’s Electric didn’t know the cables were actually energized did not excuse its failure to enforce the necessary safeguards. These included making sure employees used a testing device that all of them carried.
Willful Fines Increased
As this case illustrates, safety lapses can lead to hefty fines even if you didn’t mean to break the law. Willful violations carry penalties of up to $70,000, and under a new law that took effect on January 1, an employer can be fined up to $1.5 million and spend three years in jail if a violation results in death or permanent or prolonged impairment.