Newly enacted legislation, A.B. 2837, boosts penalties and fines for certain workplace safety violations, revamps Cal/OSHA’s investigation and reporting procedures and requires the agency to provide bilingual services. Here’s a summary of what to expect when the law takes effect Jan. 1, 2003.
Steeper Penalties
Existing workplace safety rules require employers to file a report with Cal/OSHA about a serious injury, illness or death, generally within eight hours of the incident. The new law increases the civil penalty for not filing a timely report to not less than $5,000 (or more than $15,000). The new measure also makes it a misdemeanor for an employer, officer, management official or supervisor to fail to report a death or to knowingly induce another to do so. This violation carries a penalty of up to one year in jail and up to a $15,000 fine.
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New Criminal Investigation Process
Following a serious workplace accident, Cal/OSHA investigates and issues citations if appropriate. But the agency has come under fire for not responding quickly or thoroughly enough to serious incidents. The new law attempts to address this issue by giving the county district attorneys’ offices throughout the state the right of first refusal to control the investigation of serious workplace accidents.This means that if a serious incident occurs at your workplace, the DA can now immediately step in and begin a criminal investigation rather than wait for Cal/OSHA to assess the situation. In light of this development, now is the time, if you haven’t already done so, to designate a company representative responsible for understanding your rights and compliance obligations and dealing with Cal/OSHA or the DA. And make sure that other employees know to refer all Cal/OSHA contacts to that person. This will help ensure you’re prepared to handle an investigation should a serious injury occur.
Bilingual Services
Federal workplace safety statistics show that from 1996 to 2000, overall worker fatalities dropped 14%. But during the same time period, immigrant worker fatalities rose by 17%. And the number of Hispanic workers killed on the job increased by one-third. To better respond to and aid workers who aren’t proficient English speakers, the new law requires Cal/OSHA to establish procedures to ensure that these workers can communicate effectively with the agency. The law suggests that the agency take measures such as hiring bilingual persons in public contact and investigative positions, using interpreters and having telephone-based interpretation services.