The Problem

Tucked away in those laws which go on the books January 1st of every year is AB2774.  This law gives Cal OSHA new power to levy large fines for safety violations or the absence of  viable Safety plans. When OSHA came into existence in the 60's, the states could either join the National plan or develop a State plan.  California went with a state plan, so over the years we have had Cal OSHA.

The Federal Government noticed that in the National Stats, 77% of the violations were termed "Serious" and resulted in fines.  In the State programs it was 47%, and in California it was 17%. The California OSHA law had a loophole, which allowed for the successful appeal of violations and fines. California employers were beating the system.

Where are we headed?

To date, Cal OSHA hasn't announced exactly how it plans to enforce the new law.  No doubt that any serious injury will bring them to your door. Experience Modifications in excess of 125% could cause a visit, and of course there is always the unannounced visit.

Today, just having a safety plan in the file cabinet won't get it done. While we do know that $5,000 looks like the minimum fine, $25,000 is not out of the question, and more serious violations could get really ugly.