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Howrey LLP
The
California Legislature has amended the California Labor
Code to provide for increased civil penalties for occupational
safety and health violations.
For
"serious violations," employers now can be assessed
a civil penalty of up to $25,000 per violation. Labor Code
§6428. Previously, the penalty was $7,000. The definition
of "serious violation" also was expanded so that
it is now "deemed to exist in a place of employment
if there is a substantial probability that death or serious
physical harm could result from a violation, including,
but not limited to, circumstances where there is a substantial
probability that either of the following could result in
death or great bodily injury: (1) A serious exposure
exceeding an established permissible exposure limit. (2)
The existence of one or more practices, means, methods,
operations, or processes which have been adopted or are
in use, in the place of employment."
The
penalty for failure to abate a violation (serious or not)
was increased from $7,000 to $15,000. The potential for
leniency in assessing penalty assessments also was restricted.
The bill provides that no penalty adjustment for an employer's
good faith or history can be made if the employer is a repeat
violator. Labor Code §6429.
For
a "willful" violation, the penalty is multiplied
by five to a maximum of $70,000 and to not less than $5,000.
The increased penalties took effect January 1, 2000.
For
more information, the Division of Occupational Safety and
Health can be contacted at 445 Golden Gate Avenue, 10th
Floor, San Francisco, California, (415) 703-5100.
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For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-848-4996 or at paulberning@howrey.com or contact your Howrey attorney. For more information about Howrey's Construction Practice Group, click here.
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