In its recent decision in Solus Industrial Innovations, Inc. v. Superior Court, the California Supreme Court found that California district attorneys and employees can sue employers under California’s Unfair Competition Law (“UCL”) based on alleged Cal/OSHA violations. The Solus ruling grants California district attorneys broader authority to prosecute employers for Cal/OSHA violations, seek injunctions and request significantly higher penalties than previously allowed.
Although the federal government sets minimum requirements to meet OSHA standards, states can implement stricter standards as long as they do not conflict with federal law. Based on the Solus ruling, employers may face both administrative penalties from Cal/OSHA along with civil actions by a district attorney’s office.
The experienced attorneys at Chauvel & Glatt have successfully represented businesses against Cal/OSHA citations and district attorney’s UCL claims. Contact us to schedule a time to discuss what to do if your business receives an OSHA citation.