Jackson Lewis: California-OSHA Amendments to Abatement Requirements Effective as of January 1, 2015 | Practical Law

Jackson Lewis: California-OSHA Amendments to Abatement Requirements Effective as of January 1, 2015 | Practical Law

This California Law Firm Publication by Jackson Lewis P.C. discusses recent changes to the process for abatement of California OSHA (Cal-OSHA) citations. The new law, which took effect on January 1, 2015, prohibits Cal-OSHA from modifying penalties to citations unless the employer takes specified actions such as abating the cited violation or proving in signed, sworn statements with accompanying evidence that it has abated the violation. The new law makes it more difficult for the employer to obtain stays to the abatement of violations while appeals of citations are ongoing. Stays previously were automatic pending an administrative decision and subsequent appeals. Also, when an employer does not contest a citation and fails to provide a statement and supporting evidence of abatement within the specified period, it can be subject to additional civil penalties.

Jackson Lewis: California-OSHA Amendments to Abatement Requirements Effective as of January 1, 2015

by Jackson Lewis P.C.
Published on 02 Feb 2015California, United States
This California Law Firm Publication by Jackson Lewis P.C. discusses recent changes to the process for abatement of California OSHA (Cal-OSHA) citations. The new law, which took effect on January 1, 2015, prohibits Cal-OSHA from modifying penalties to citations unless the employer takes specified actions such as abating the cited violation or proving in signed, sworn statements with accompanying evidence that it has abated the violation. The new law makes it more difficult for the employer to obtain stays to the abatement of violations while appeals of citations are ongoing. Stays previously were automatic pending an administrative decision and subsequent appeals. Also, when an employer does not contest a citation and fails to provide a statement and supporting evidence of abatement within the specified period, it can be subject to additional civil penalties.