Employers Beware: Cal/OSHA Violation May Result in Felony Charges and Substantial Penalties

Article Information

Published on Wednesday, 28 December 2011 19:18

All employers must provide a safe workplace and comply with workplace safety laws. Failure to do so can result in criminal prosecution and substantial monetary penalties. Therefore, to ensure worker safety, comply with the Cal/OSHA law, and avoid serious charges and penalties, employers must display a workplace poster advising employees of their rights and responsibilities under Cal/OSHA; implement a written and effective injury and illness prevention program for employees to follow; understand the particular hazards each employee faces on the job and keep records showing that each employee has been trained in the hazards unique to each job assignment;  immediately correct any hazardous condition that the employer knows may result in serious injury to employees; and, notify the nearest Cal/OSHA office of any serious injury or fatality occurring on the job. Further, an employer must never: (1) permit an employee to do work that violates Cal/OSHA law; (2) permit an employee to be exposed to harmful substances without providing adequate protection; and, (3) allow an untrained employee to perform hazardous work. Cal/OSHA violations carry penalties of up to $7,000 for each violation and up to $25,000 for each serious violation. A willful violation that causes death or permanent impairment of the body may result, upon conviction, in a fine of not more than $250,000, or imprisonment up to three years, and if the employer is a corporation the fine may be up to $1.5 million. In a recent case, the Los Angeles County district attorney filed felony charges against the University of California and a UCLA chemistry professor in connection with a laboratory fire that killed a staff research assistant. The incident occurred in December of 2008, when Sheharbano Sangji sustained severe burns when air-sensitive chemicals broke into flames during an experiment and ignited her clothing. Sangji was not wearing a protective lab coat. She died 18 days later. Her death raised questions about UCLA lab-safety practices, as well as the employee training and supervisory practices of professor Patrick Harran, a member of UCLA’s faculty for whom Sangji worked. The district attorney’s office has charged Harran and the regents of the University of California with three counts each of willfully violating occupational health and safety standards, resulting in Sangji’s death. Harran faces up to 4 1/2 years in state prison and UCLA could be fined up to $1.5 million on each count. UCLA issued a statement emphasizing that “UCLA intends to mount a vigorous defense against the outrageous charges announced today by the Los Angeles County District Attorney’s Office.” Read More.