Cal/OSHA’s Penalty Structure Changing

If it wasn’t expensive enough, Cal/OSHA has amended Labor Code Section 6427 which deals with the civil penalties for a violation of a safety or health standard.  Currently, non-serious violations are assessed a penalty of $7,000. That penalty will increase about 78% to $12,471 per violation.  This same penalty change will also apply to posting and recordkeeping violations (Labor Code 6431).

Labor Code Section 6429 was also amended, which changed the civil penalty for willful or repeat violations from $70,000 to $124,709 per violation, but in no case less than $8,908 (the old threshold was $5,000).

Each January, these maximum penalties will be increased “based on the percentage increase in the Consumer Price Index for All Urban Consumers, not seasonally adjusted, for the month of October immediately preceding the date of the adjustment.”

This change should make California the most expensive place to receive an Cal/OSHA citation.