SB 606 Grants Cal-OSHA Enhanced Authorities in California Starting January 1, 2022

SB 606 Grants Cal-OSHA Enhanced Authorities in California Starting January 1, 2022

Effective January 1, 2022, Cal-OSHA has enhanced authority to investigate and fine employers for new categories of violations called “egregious violations” and “enterprise-wide violations” in California pursuant to SB 606. An egregious violation occurs when any of the following occurs: (i) the employer, intentionally through conscious, voluntary action or inaction, made no reasonable effort to eliminate a known violation; (ii) violations resulted in worker fatalities, three or more hospitalizations, or a large number of injuries or illnesses; (iii) violations resulted in persistently high rates of worker injuries or illnesses; (iv) the employer has an extensive history of prior violations; (v) the employer has intentionally disregarded its health and safety responsibilities; (vi) the employer’s conduct amounts to clear bad faith in the performance of its duties; or (vii) the employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in place. The penalty for egregious violations or enterprise-wide violations ranges from $8,908 up to $124,709.