Heightened Responsibility For Workplace Patterns & Practices

Employers with multiple worksites are being held to a higher standard for workplace safety in California now more than ever before. Under SB 606 that went into effect on January 1, 2022, Cal/OSHA now presumes that a safety violation that exists at one employer worksite exists at all employer worksites.

This presumption applies to both to patterns and practices at the employers’ worksite and to safety code violations in an employer’s handbook. An employer will only be able overcome this presumption if an employer is able to prove that their remaining worksites are in compliance. If not, an employer will face penalties in the form of an enterprise-wide violation.

Also under this new law, employers who are being investigated will be subject to subpoenas for requested information and injunctions on the exercise of certain uses or operations of employment that are grounds for a citation. The cost and burden of complying with an investigation and potential enterprise-wide citations are likely to be very burdensome.

The best way to avoid this is to ensure that you are in compliance with Cal/OSHA requirements now! Mitigating your risk by creating legally compliant policies and practice is key! For more information on how to minimize your risk, please contact the Employer Lawyers at Chauvel & Glatt.

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

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