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.