By: Chad T. Wishchuk, Esq. of Finch, Thornton & Baird, LLP
Recent changes in the law have increased Cal/OSHA’s authority, clout, and penalty power. The potential for staggering monetary penalties is real — and troubling.
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We are seeing a noticeable up-tick in Cal/OSHA’s aggressiveness and enforcement practices recently. New changes in the law make multi-site employers particularly vulnerable. Construction, big-box stores, manufacturing, and warehousing companies are now directly in Cal/OSHA’s bullseye. More than ever, construction contractors must be prepared to prove how safe their jobsites are — across all of their jobsites.
For example, we are seeing more and more incidents of Cal/OSHA coming onto a jobsite where an accident or injury has occurred and accuses the general contractor of being a “controlling employer” — regardless of the contractor’s involvement or knowledge of the circumstances. These actions are not in keeping with the law.
Our job is to help level the playing field for contractors.
“Enterprise-wide” and “egregious” violations are two new classifications that are especially concerning — and potentially costly. In fact, the monetary penalty for “enterprise-wide” violations in California can now reach in excess of $124,000 dollars. We find such Cal/OSHA overreach unfair. So do our clients. Our job is to help level the playing field for contractors.
Decades of experience has taught us how Cal/OSHA investigates accidents, how Cal/OSHA lawyers present them, and how we can best defend them. We have prevailed against Cal/OSHA, OSHA throughout the Western United States, and federally on the East Coast, as well as on military bases and tribal land, too.
For more information
We welcome the chance to tell you more about our labor and employment and workplace safety practices. Hopefully, before you find your business embroiled in an OSHA investigation. To learn more, please contact Chad T. Wishchuk of Finch, Thornton & Baird, LLP at (858) 737-3100.
