Cal/OSHA (California Occupational Safety and Health Administration)

What Is Cal/OSHA?

The California Division of Occupational Safety and Health, commonly known as Cal/OSHA, is the state agency responsible for enforcing workplace safety and health regulations in California. Operating under the Department of Industrial Relations, Cal/OSHA sets standards, conducts workplace inspections, issues citations for violations, and investigates workplace accidents and complaints.

California operates its own state OSHA program rather than defaulting to federal OSHA enforcement. Cal/OSHA standards must be "at least as effective" as federal OSHA standards but can be (and often are) more stringent. For California employers, this means compliance with both federal requirements and additional California-specific regulations.

Cal/OSHA's Structure and Authority

Organizational Components

Component	Function	Employer Impact
Division of Occupational Safety and Health (DOSH)	Enforcement and consultation	Inspections and citations
Occupational Safety and Health Standards Board	Rulemaking	Sets California standards
Occupational Safety and Health Appeals Board	Adjudication	Hears employer appeals
Cal/OSHA Consultation Service	Voluntary assistance	Free compliance help

Key Authorities

Cal/OSHA has broad authority to ensure workplace safety:

• Standard-setting: Adopting workplace safety regulations
• Inspection authority: Entering workplaces to assess compliance
• Citation power: Issuing citations and assessing penalties
• Investigation authority: Investigating accidents and complaints
• Abatement orders: Requiring correction of hazards
• Criminal referrals: Referring willful violations for prosecution

Cal/OSHA Standards and Requirements

General Duty Clause

California Labor Code section 6400 requires every employer to:

"Furnish employment and a place of employment that is safe and healthful for the employees therein."

This "general duty clause" applies even when no specific standard addresses a particular hazard.

Specific Standards

Cal/OSHA enforces extensive regulations covering various workplace hazards:

Standard Category	Examples	Industries Affected
Injury and Illness Prevention (IIP)	Written safety program required	All employers
Heat Illness Prevention	Shade, water, rest, training	Outdoor work, high-heat indoor
Hazard Communication	Chemical labeling, SDSs, training	Manufacturing, construction, healthcare
Respiratory Protection	Respirator programs, fit testing	Healthcare, construction, manufacturing
Fall Protection	Guardrails, safety nets, PPE	Construction, maintenance
Electrical Safety	Lockout/tagout, safe work practices	All industries with electrical hazards
Ergonomics	Workplace design, injury prevention	Repetitive motion work
COVID-19 Prevention	Prevention plans, testing, ventilation	All employers

Injury and Illness Prevention Program (IIPP)

Every California employer must have a written IIPP that includes:

Element	Requirement	Documentation
Responsibility	Identify person responsible for safety	Name and title
Compliance	System to ensure employee compliance	Discipline procedures
Communication	Method for safety communication	Meeting records, postings
Hazard Assessment	Regular inspections for hazards	Inspection checklists
Accident Investigation	Procedures to investigate incidents	Investigation reports
Hazard Correction	Timely correction of hazards	Correction records
Training	Safety training for employees	Training records
Recordkeeping	Documentation of program elements	Written records

Heat Illness Prevention

California's heat illness prevention standard is among the nation's most comprehensive:

Requirements When Temperatures Reach 80°F:

• Potable drinking water readily accessible
• Access to shade for recovery and rest breaks
• High-heat procedures when temperature exceeds 95°F
• Acclimatization for new and returning workers
• Emergency response procedures
• Training for all employees and supervisors

Industries Covered:

• Agriculture
• Construction
• Landscaping
• Oil and gas
• Transportation
• Any outdoor work

Cal/OSHA Inspections

Types of Inspections

Inspection Type	Trigger	Priority
Imminent danger	Report of immediate serious hazard	Highest
Fatality/catastrophe	Workplace death or serious injury	Highest
Complaint	Employee or public complaint	High
Referral	Referral from another agency	Medium
Programmed	Targeted industries or hazards	Medium
Follow-up	Verify correction of prior violations	Varies

The Inspection Process

Opening Conference:

• Inspector presents credentials
• Explains purpose and scope of inspection
• Reviews records (IIPP, injury logs, training)
• Interviews employer representative

Walkaround:

• Physical inspection of workplace
• Observation of work practices
• Review of equipment and conditions
• Employee interviews (confidential)
• Documentation (photos, measurements)

Closing Conference:

• Inspector discusses observations
• Identifies potential violations
• Explains citation process
• Discusses abatement requirements
• Provides appeal information

Employer Rights During Inspections

Right	Description	How to Exercise
Accompany inspector	Join walkaround inspection	Request to accompany
Object to unreasonable scope	Challenge overly broad inspection	State objection clearly
Request warrant	Require warrant for inspection	Refuse entry, request warrant
Take notes	Document inspection	Assign someone to take notes
Have representative	Attorney or consultant present	Request brief delay if needed
Respond to findings	Present information and context	Provide during closing conference

Note on Warrants: While employers can request a warrant, doing so may increase scrutiny. In most cases, cooperation is advisable unless there are specific concerns about inspection scope.

Citations and Penalties

Types of Citations

Citation Type	Criteria	Penalty Range
General	Violation not likely to cause death or serious injury	Up to $15,873 per violation
Regulatory	Posting, reporting, or recordkeeping violation	Up to $15,873 per violation
Serious	Substantial probability of death or serious injury	$18,000 (minimum) to $25,000 per violation
Willful	Intentional or knowing violation	$158,727 minimum; up to $158,727 per violation
Repeat	Same or similar violation within past 5 years	Up to $158,727 per violation
Failure to abate	Failure to correct cited violation	Up to $15,873 per day

Penalty Determination Factors

Cal/OSHA considers several factors when setting penalties:

Factor	Impact	Considerations
Gravity	Base penalty level	Severity and extent of hazard
Size of business	Reduction up to 60%	Number of employees
Good faith	Reduction up to 25%	Safety program quality
History	Increase or decrease	Prior violations
Abatement credit	Potential reduction	Quick correction

Example Penalty Calculation

Consider a serious violation at a small employer with good safety history:

Factor	Calculation
Base penalty (serious)	$25,000
Size reduction (50 employees, -40%)	-$10,000
Good faith reduction (-25%)	-$3,750
History (no priors, -10%)	-$1,125
Final penalty	$10,125

Responding to Cal/OSHA Actions

Responding to Complaints

When Cal/OSHA notifies you of a complaint:

1. Review the complaint carefully
2. Investigate internally to assess validity
3. Respond in writing within specified timeframe
4. Document corrective actions taken
5. Be prepared for potential inspection

Contesting Citations

Employers can contest citations through the Appeals Board:

Appeal Timeline:

• File appeal within 15 working days of citation
• Request informal conference with Cal/OSHA (optional)
• Formal hearing before Appeals Board
• Board decision (can be further appealed to court)

Grounds for Appeal:

• Violation did not occur
• Classification too severe
• Penalty excessive
• Abatement period unreasonable
• Employee misconduct caused violation

Abatement Requirements

Citations include abatement deadlines that must be met:

Requirement	Action Needed
Immediate abatement	Correct hazard immediately
Specified deadline	Correct by date on citation
Abatement certification	Document correction and submit to Cal/OSHA
Progress reports	Report on long-term abatement

Failure to Abate: If you don't correct violations by the deadline, additional penalties of up to $15,873 per day can accrue.

Industry-Specific Requirements

Construction

Construction employers face extensive requirements:

Requirement	Standard	Key Elements
Fall protection	Title 8 §1670-1672	Guardrails, safety nets, personal fall arrest
Scaffolding	Title 8 §1637-1660	Design, erection, use requirements
Excavations	Title 8 §1540-1547	Shoring, sloping, protective systems
Cranes	Title 8 §5000-5052	Certification, inspections, load limits
Confined spaces	Title 8 §5156-5158	Entry permits, monitoring, rescue

Healthcare

Healthcare facilities have specific obligations:

Requirement	Standard	Key Elements
Bloodborne pathogens	Title 8 §5193	Exposure control, sharps safety
Aerosol transmissible diseases	Title 8 §5199	ATD plans, respiratory protection
Workplace violence	Title 8 §3342	Violence prevention plans, training
Ergonomics (hospitals)	Title 8 §5120	Musculoskeletal injury prevention

Agriculture

Agricultural employers must comply with:

Requirement	Standard	Key Elements
Heat illness	Title 8 §3395	Water, shade, rest, training
Pesticides	Title 3 §6700+	Handling, application, PPE
Field sanitation	Title 8 §3457	Toilets, handwashing, drinking water
Housing (if provided)	Title 8 §3900+	Housing standards

Cal/OSHA Consultation Services

Cal/OSHA offers free, confidential consultation to help employers comply:

Consultation Program Benefits

Benefit	Description
Free	No cost to employers
Confidential	Findings not shared with enforcement
No citations	Consultation visits don't result in penalties
Expert guidance	Help from safety professionals
Priority areas	Focus on most serious hazards

How to Request Consultation

1. Contact Cal/OSHA Consultation at (800) 963-9424
2. Request a consultation visit
3. Prepare for the visit (gather documents, identify concerns)
4. Accompany consultant during walkthrough
5. Receive written recommendations
6. Implement recommended corrections
7. Follow up on long-term items

Limitations

• Cannot protect against complaints filed by employees
• Serious hazards identified must be corrected
• Not available during or immediately after enforcement inspection
• Does not guarantee future compliance

Reporting Requirements

Serious Injury and Fatality Reporting

California requires immediate reporting of serious workplace incidents:

Event	Reporting Deadline	How to Report
Fatality	Immediately (as soon as practically possible)	Call Cal/OSHA
Serious injury/illness	Immediately (as soon as practically possible)	Call Cal/OSHA
Hospitalization (inpatient)	Within 24 hours	Call Cal/OSHA
Amputation	Within 24 hours	Call Cal/OSHA
Loss of eye	Within 24 hours	Call Cal/OSHA

What Constitutes "Serious":

• Hospitalization for treatment (not just observation)
• Amputation
• Loss of an eye
• Serious permanent disfigurement
• Any injury likely to cause death

Form 300 Log Requirements

Employers with 10 or more employees must maintain OSHA Form 300 (Log of Work-Related Injuries and Illnesses):

Requirement	Details
Recording	Record injuries within 7 days of knowledge
Posting	Post Form 300A summary February 1-April 30
Retention	Keep records for 5 years
Access	Provide to employees upon request
Electronic submission	Required for employers with 250+ employees

Cal/OSHA and Other Agencies

Coordination with DLSE

Cal/OSHA and the DLSE work together on related matters:

• Retaliation complaints may go to either agency
• Workplace conditions affecting both safety and wages
• Joint enforcement initiatives
• Information sharing

Workers' Compensation Connection

Cal/OSHA enforcement affects workers' compensation:

• Serious and willful violations can increase WC liability
• Cal/OSHA citations may be evidence in WC cases
• Employers may face additional penalties
• Insurance rates may be affected

Federal OSHA Relationship

California's state plan operates under federal OSHA oversight:

• California standards must be "at least as effective"
• Federal OSHA monitors California program
• Some standards are more stringent in California
• Interstate employers must know differences

Best Practices for Cal/OSHA Compliance

Safety Program Foundation

1. Written IIPP: Develop comprehensive program
2. Hazard assessment: Regular workplace inspections
3. Training: Document all safety training
4. Incident investigation: Investigate all injuries/near-misses
5. Recordkeeping: Maintain required logs and records

Inspection Readiness

Preparation Step	Why It Matters
Current IIPP	Required document Cal/OSHA will request
Training records	Proves compliance with training requirements
Inspection checklists	Shows regular hazard assessment
Incident reports	Demonstrates investigation procedures
Equipment maintenance	Documents safety equipment upkeep
Safety meeting minutes	Proves ongoing communication

Response Procedures

When Cal/OSHA arrives:

1. Verify credentials of the inspector
2. Contact management immediately
3. Designate an escort for the inspection
4. Gather documents inspector will likely request
5. Take notes throughout the inspection
6. Ask questions about any concerns
7. Review findings at closing conference
8. Correct hazards identified during inspection

Understanding Cal/OSHA requirements and maintaining a robust safety program helps California employers protect their workers while avoiding costly citations and penalties. The agency's consultation services provide valuable assistance for employers seeking to improve their safety programs proactively.