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Cal/OSHA Civil Penalty Increases for 2024

04 Apr

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Update Applicable to:Effective date
All employersJanuary 1, 2024


What happened?

Cal/OSHA, the California Division of Occupational Safety and Health increased penalties for certain violations to adjust for inflation and ensure consistency with California and federal law.


What are the details?

Cal/OSHA has three types of violations typically cited:

  • Regulatory: Relate to regulatory and statutory requirements such as injury and illness reporting and recordkeeping.
  • General: Violations relating to the safety and health of employees.
  • Serious: Violations where there is a realistic possibility of death or serious harm resulting from an actual hazard.


For citations issued on or after January 1, 2024, the maximum penalties for violations classified as Regulatory, General, Willful, or Repeat, are as follows:

  • General and Regulatory: The maximum penalty for General and Regulatory violations, including Posting and Recordkeeping violations is $15,873.
  • Willful and Repeat: The maximum penalty for Willful and Repeat violations is $158,727.
  • Willful: The minimum penalty for Willful violations is $11,337.
  • Serious: There was no increase to Serious violations, including Serious Tower-Crane and Serious Carcinogen-Use violations, which remain at $25,000.00.


Business Considerations

  • The only changes here are the penalty amounts, which would be critical for your operational budget, as any violation would prove more costly. With that said, conduct any necessary safety audits for risks and non-compliance to mitigate risk.


Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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