New Legislation Expanding Cal-OSHA’s Authority for Employers with Multiple Worksites

California Governor Newsom has been very busy signing into law a variety of employment related legislation.   One notable piece of new legislation that will go into effect on January 1, 2022 is SB 606.  SB 606 expands Cal-OSHA’s powers when Employers have multiple worksites and amends section 6317 et. seq. of the California Labor Code. 

While not directly relate to the COVID-19 pandemic, it is clear that this legislation was signed into law largely to address some of the workplace safety concerns brought to light by the pandemic. 

SB 606 creates a rebuttable presumption for employers that have multiple worksites that an “enterprise-wide” violation has occurred if there is 1) a non-compliant written policy or procedure; or 2) that Cal-OSHA has “evidence of a pattern or practice of the same violation or violations committed by that employer involving more than one of the employer’s worksites.”   Unless an employer is able to show that each worksite is different, thereby having different procedures, it will be assumed that one violation at one worksite exists at all worksites of the employer.   SB 606 also establishes an “egregious violation” category  if certain actions by employers are found to be willful and intentional by Cal-OSHA.  Additional powers are further expanded by this legislation including Cal-OSHA’s subpoena power. The damages for such violations can exceed $100,000.   

This new law will greatly impact employers that have more than one worksite. As we head toward 2022, it is more important than ever to ensure you have California compliant policies and procedures in place and in writing for all your worksites.  To learn more about the latest legislation signed into law by Governor Newsom including SB 606, if and how it will impact your business, and how to get California labor compliant, 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 650-881-3021. (Photo credit:123rf.com)

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