Aug 31, 2023Common Compliance Issues for Small Businesses and How to Avoid Them
Understand common compliance issues for small businesses and how to avoid them with these helpful tips from our advocates.
SB 606 has been signed into law, greatly expanding Cal/OSHA’s enforcement authority.
This law creates two new categories of violations – “Enterprise-wide Violations” and “Egregious Violations” each subject to the same penalties as willful or repeated violations along with increased subpoena power.
“Enterprise-Wide Violations” creates a rebuttable presumption that if a violation has been committed at one worksite, it has likely been committed at multiple worksites and, without requirement for investigation, will allow Cal/OSHA to issue citations for each additional worksite the employer operates. This means that employers may be cited for worksites that have not been inspected by Cal/OSHA, based entirely on a violation at one of the employer’s worksites.
“Egregious Violations” can have exponential financial consequences for employers now that “each instance” where an employee is exposed to the violation “shall be considered a separate violation for purposes of the issuance of fines and penalties.” The law directs Cal/OSHA to issue an “egregious violation” for any of the following:
SB 606 also provides Cal/OSHA with the authority to issue a subpoena if the employer fails to “promptly provide” requested information during an inspection, and may enforce the subpoena if the employer “fails to provide the requested information within a reasonable time.” However, these timelines are not defined.
January 1, 2022
Employers who operate multiple worksites may feel the greatest impact of SB 606 under the new “enterprise-wide” category of violation where Cal/OSHA has extended authority to issue multiple citations for assumed violations at each individual worksite without requirement for investigation.
All employers, no matter the size of their operation, can be affected by SB 606 and the introduction of the “egregious violation” where each instance an employee is exposed to a violation will be considered a separate violation for fines and penalties.
If you have any questions relating to SB 606 or any other workplace safety compliance topics, please reach out to our office. We have the experience and resources to help you assess and develop your written safety programs from consultative support to comprehensive safety documentation management.
Click the image or use this link to download this guide to understanding SB 606 and what it means for your business.