©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 293 LC § Description Penalty 6407 Compliance Mandatory. Employers must comply with occupational safety/ health standards, with Health & Safety Code § 25910 (relating to spraying of asbestos), and with all rules, regulations, and orders that apply to its own conduct. LC 2699 6408 Obligation to Provide Information and Access. Employers must give employees information in various ways, as prescribed by regulations: (a) post information about employee rights and obligations under occupational safety and health laws, (b) post each citation issued under section 6317, at or near place where violation occurred, (c) tell employees or their representatives they can observe monitoring or measuring of employee exposure to hazards conducted pursuant to [OSHA] standards promulgated under section 142.3, (d) allow access by employees or their representatives to accurate records of exposures to potentially toxic materials or harmful physical agents, (e) notify any employee exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by an applicable standard, order, or special order, and inform employee of corrective action being taken. LC 6431: up to $12,471 per violation; increased yearly based on CPI 6409 Filing Physician’s Report on Industrial Injury or Illness. Every physician as defined in section 3209.3 who tends to an injured employee must file electronically a complete report with the Division of Workers’ Compensation and the employer, or, if insured, with the employer’s insurer, within five days of the initial examination. LC 6413.5: $50 to $200 for pattern of or willful violations 6409.1 Obligations to File Reports on Industrial Injury or Illness. Employers must report to the Department of Industrial Relations—or, if insured, to the insurer—any injury or illness that results in time lost beyond the day of the incident, or which requires medical treatment beyond first aid, and must file amended report if employee dies as result of illness/injury. For serious illness, injury, or death, employers must report immediately to DOSH by telephone or email. LC 6413.5, plus LC 6409.1(b): $5,000+ for failure to report serious illness, injury or death 6410 Recordkeeping Requirements. Reports required by sections 6409 and 6409.1 must be maintained. LC 6431: up to $12,741 per violation 6411 Completing Forms from the Division. Employers receiving forms with directions from Division of Labor Statistics & Research must complete them correctly, and give a good reason for any failure to answer. LC 2699 7156 No Obstruction of Safety. Employers must not—in employing or directing work building construction, repairing, painting, or cleaning of any house, building, or structure—(a) knowingly or negligently furnish or erect improper scaffolding, slings, ladders, or other mechanical contrivances, (b) hinder or obstruct any DOSH official trying to inspect that equipment, or (c) deface or remove any official notice that equipment has been declared unsafe. LC 2699
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