26 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 1.10 Division of Occupational Safety and Health (DOSH) The DOSH, also known as Cal/OSHA, protects workers and the public from safety hazards by enforcing occupational health and safety laws and providing information and consultative assistance to employers, workers, and the public about workplace and public safety matters. The DOSH, through the Cal/OSHA Enforcement Unit, inspects California workplaces based on worker complaints, accident reports, and programmed inspections especially in high hazard industries. Penalties for Cal/OSHA violations are assessed per citation, and can run from several hundred dollars to tens of thousands of dollars.63 DOSH amended its regulations several years ago to (1) increase the “look back” period from three years to five years to determine if there is a “repeat” violation of a safety order, (2) allow a repeat citation for any prior employer violations in the state (as opposed to repeat citations to a fixed establishments or within the region for businesses that have no fixed establishments), and (3) allow a repeat citation for a substantially similar violation, hazard, or condition (as opposed to the “same violation” under former law).64 DOSH’s broader authority to issue repeat citations could have significant ramifications for employers, in that repeat violations require no higher proof of intent by the employer and penalties for repeat citations can reach $153,744 per violation.65 The Occupational Safety and Health Appeals Board, a three-member quasi-judicial body appointed by the Governor and confirmed by the Senate, handles appeals from private and public sector employers regarding citations issued by DOSH for alleged violations of workplace safety and health laws and regulations.66 1 For more information, see www.ca.gov (visited Apr. 20, 2023). 2 Historically, disability discrimination complaints have been the most common, followed by retaliation, race and gender discrimination, and sexual harassment. For more information, see www.calcivilrights.ca.gov (visited Apr. 20, 2023). 3 Dep’t of Fair Employment & Housing v. Am. Pac. Corp., No. 34-2013-00151153-CU-CR-GDS, Sacramento County Superior Court (Mar. 13, 2014). 4 Cheng v. WinCo Foods LLC, No. 14-CV-0483-JST, 2014 WL 2735796 (N.D. Cal. June 11, 2014). 5 2 Cal. Code Regs. §§ 11029-11030. 6 2 Cal. Code Regs. § 11028. 7 2 Cal. Code Regs. § 11028(g). 8 2 Cal. Code Regs. § 11024. 9 2 Cal. Code Regs. §§ 11023(b), (c). 10 2 Cal. Code Regs. § 11023(a). 11 For more information, see www.labor.ca.gov (visited Apr. 20, 2023). 12 Lab. Code § 1173. 13 See California Labor Federation v. IWC, 63 Cal. App. 4th 983 (1998). 14 Mendiola v. CPS Security Solutions, Inc., 60 Cal. 4th 833, 838 n.6 (2015). See www.dir.ca.gov/iwc/wageorderindustries.htm (visited Apr. 20, 2023). 15 Lab. Code § 21. 16 Some industries historically have heavily relied on immigrant labor. California has enacted measures in recent years to protect immigrant workers (see §§ 3.5.8, 5.17, 6.6). 17 The campaign targets workers in low-wage industries (e.g., agriculture, garment, construction, and hospitality) and uses numerous languages to better reach immigrant workers. The websites, in English and Spanish, are www.wagetheftisacrime.com and www.robodesueldoesuncrimen.com (visited Apr. 20, 2023). 18 SB 306, codified in Labor Code §§ 98.74, 1102.61, 1102.62 and amending Labor Code § 98.7(b)(2). 19 See Lab. Code §§ 98(a) and 98.3. 20 Lab. Code § 98. 21 Lab. Code § 98(a).
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