June 23, 2020
Is your business in compliance with Cal/OSHA? Workplace health and safety violations cannot only be hazardous for employees, they can also subject employers to citations and significant fines by government agencies. In addition, the California Supreme Court recently ruled that Cal/OSHA violations are admissible to prove negligence in court, even if someone other than your employee sues you for injury.
- Cal/OSHA conducts sweeps of California workplaces to rout out both health and safety, and wage and hour violations. Although typically associated with the garment industry, sweeps also occur at construction sites, restaurants, beauty salons, and other businesses where low-wage workers are employed.
- Here are some things you can do to prevent possible violations:
- Make sure all your business practices strictly adhere to the Cal/OSHA rules.
- Institute and regularly update an injury and illness prevention program and provide all workers with adequate training.
- Regularly inspect your business premises for hazardous materials or exposures.
- Routinely inspect machinery and equipment.
- Thoroughly investigate any accidents and maintain detailed documentation.
- Encourage employees to report any concerns or hazards to management.
- Assure your workers that you care about their well-being.
- If you are unsure of the law, you can find more information on the Department of Industrial Relations website at www.dir.ca.gov.
- In a 2004 case, the California Court of Appeal concluded that the Labor Code prohibits retaliation not only against employees who have filed complaints with Cal/OSHA, but also prohibits preemptive retaliation against employees that an employer fears might file complaints in the future.
On a related topic – A note from a doctor is not enough: Under the California Family Rights Act, an employee requesting medical leave must provide a medical certification which includes:
- The date the serious health condition began;
- The condition’s possible duration; and
- A statement that, because of the condition, the employee cannot perform their position’s functions.
Employers who doubt a certification’s validity can require a second opinion, at their expense, from a health care provider that they designate as long as they do not employ the provider. If that opinion differs from the first, the employer can require a third opinion, which will be final and binding.
Need more information?
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952) or by email (geskridge@eskridgelaw.net.) Please also visit our website at eskridge.hv-dev.com.