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CER has received 14 Editorial Excellence Awards

A Publication of California Employer Resources

When Will Cal/OSHA Come Knocking on Your Door?
11/18/2009
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An inspection from Cal/OSHA is something that strikes fear in the hearts of employers. But if you pay attention to the health and well-being of your workers, the chances are good that you will never see a Cal/OSHA inspector at your door.


Not sure if you're prepared for a Cal/OSHA inspection? Join us on December 11 for an in-depth webinar specifically for California employers. We'll explain how to prepare for — and defend yourself against — inspections, safety complaint investigations, and penalties and fines.

Learn More»


Cal/OSHA inspections usually come with no advance notice (unless an imminent hazard is present, an inspection needs to be conducted after regular business hours, or when special arrangements are required). Worksites are identified by Cal/OSHA for inspection through the regional targeting plan or through accident and complaint referrals. Here are some red flags that can trigger a Cal/OSHA inspection:

  • Imminent hazard: A complaint or observance of an imminent hazard will draw a Cal/OSHA inspection. An imminent hazard is defined as: "A hazard or danger which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through regular enforcement procedures."

  • Fatality or catastrophe: The death of a worker at your facility, or a catastrophe such as an explosion, will result in a visit from Cal/OSHA.

  • Serious injury or exposure: A reportable incident that does not result in a fatality will generally result in a Cal/OSHA inspection (these are injuries or illnesses that you must report to the Division of Occupational Safety and Health within eight hours, as required by Title 8 Section 342).

  • Formal complaints: Formal complaints made to Cal/OSHA generally result in an inspection. To be a formal complaint, the complaint must allege a workplace hazard or a violation of a Title 8 Safety Order and issue from an employee, an employee's representative, a representative of a government agency, or from an employer of an employee directly involved in an unsafe place of employment (for example, a temp agency lodging a complaint against a facility where one of its temporary employees is working).

  • Scheduled inspections: Scheduled inspections are usually reserved for those facilities that fall in the "high hazard" category. For 2009/2010, Cal/OSHA's high hazard lists includes, among others: framing and roofing contractors, commercial bakeries, manufacturing (wood products, dairy products, architectural and structural metals, wood kitchen cabinet and countertop manufacturing, etc.), truck transportation, and warehousing and storage.

  • You ask for one: Through its voluntary consultation program, Cal/OSHA assists employers with compliance, including visiting the employer's site and consulting with the employer regarding identification and analysis of workplace hazards, recommended best practices, training assistance, and assistance with other aspects of the employer's safety program. Cal/OSHA Consultation services are provided free of charge, and the consultation division is completely separate from the enforcement division--so don't be afraid to ask for help. Contact your regional Cal/OSHA Consultation office to request consultation services.


Enforcement: How to Effectively Prepare for a Cal/OSHA Visit

The Obama administration has promised increased regulatory enforcement against employers. Additionally, Cal/OSHA knows that employers are trying to do more with less these days, so it's operating under the assumption that illegal safety shortcuts are being taken.

The bottom line? You're now more likely than ever to get a knock on the door from Cal/OSHA. It's time to get ready.

Join us on December 11 for an in-depth webinar specifically for California employers. We'll explain how to prepare for — and defend yourself against — inspections, safety complaint investigations, and penalties and fines.

You'll learn:

  • Current Cal/OSHA inspection priorities, including heat illness prevention and child labor

  • How to best prepare for a visit

  • How the enforcement actions and the new penalty calculations affect you

  • Effective strategies to energize employees around safe work practices

  • Why it's vital to integrate safety and human resources policies and practices

  • Practical tips you can start using right away

Register Now»

Learn More»


No E-Alert Next Week: Happy Thanksgiving!

There will be no E-Alert next week due to the Thanksgiving holiday. E-Alerts will resume on Wednesday, Dec. 2.




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