California Workers Safety Laws Scrutinized after Oil Spills in the Gulf
The recent BP Global oil spill has brought havoc and despair to the residents of the Gulf, most especially to those families of killed or injured workers. Their story has been felt around the nation and California is no exception. Many California employees are questioning the safety of their workplace and what they can do to correct hazardous conditions.
California has long been a leader in establishing and enforcing workplace safety regulations. Before the federal Occupational Safety and Health Administration (OSHA) was created in 1970, California had already established its own version known as Cal/OSHA. Cal/OSHA lays out specific regulations governing conditions in the workplace and provides stiff penalities for violations. California has spread its commitment to workplace safety to the federal level. The nation’s labor secretary, Hilda Solis, is the daughter of California blue collar union plant and factory workers and thus champions the rights of workers. Most notably, after BP failed to correct safety problems after a 2005 explosion in a Texas City refinery, she issued the largest fine in history against now infamous BP Global.
Under Cal/OSHA, every employer must be aware of any hazardous conditions in the workplace and insure that employees are properly trained. All hazardous conditions that pose the threat of serious injury to employees must be corrected. Furthermore, all incidents of serious injury or death must be immediately reported. Employees have numerous rights under Cal/OSHA including, but not limited to:
1. The right to file a complaint and request an inspection of unsafe working conditions,
2. The right to refuse to perform work that would violate Cal/OSHA standards
3. The right not to be punished in any way for filing a complaint or using any under right provided by Cal/ OSHA.
Unlike violations under federal OSHA, Cal/OSHA evaluates every safety violation with an aim toward issuing stiff panalties or pursuing vigorous prosecution. Depending on the severity, a citation penalty may range from $7,000 to $25,000. Additional penalties may be applied for each day the employer fails to correct the violation. A willful violaton carries a penalty of not less than $5,000 and no more than $70,000. Finally, a willful violation resulting in death or serious personal injury may carry a sentence of up to three years in prison and a $1.5 million fine.
Despite these strong penalties, California still has its problems with worker safety. Most prosecutions occur in big cities such as Los Angeles and San Francisco where lawyers have adequate resouces and political sway. Yet, many safety violations occur in rural areas composed of migrant workers and illegal immigrants who are often overlooked by the system.
Strategy:
1. Always obey state safety and health laws. Immediately report any hazardous or dangerous conditions to your employer.
2. If your employer does not take action to correct the condition, file a complaint and request an inspection from Cal/OSHA.
3. If you have been injured on the job, be sure the incident is reported to Cal/OSHA.
4. If you have questions or concerns about your situation, contact an experienced California labor law attorney who can advise you on your rights.
