California Labor Code

§ 6317.8

LAB § 6317.8 Effective Jan 1, 2022Div. 5 · Part 1 · Ch. 1

Statute text

(a)Notwithstanding any other law, if, upon inspection or investigation, the division believes that an employer has willfully and egregiously violated an occupational safety or health standard, order, special order, or regulation, the division, with reasonable promptness, shall issue a citation to that employer for each egregious violation, and each instance of an employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties.

(b)For the purposes of this section, a violation is an “egregious violation” if one or more of the following is true about that employer or the willful violations committed by it:

(1)The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.

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Legislative history

Added by Stats. 2021, Ch. 336, Sec. 2. (SB 606) Effective January 1, 2022.