This bill revises the standards and process for the issuance of citations for “serious” violations of state occupational safety and health laws. Specifically, the bill would establish that a rebuttable presumption of a serious health and safety violation exists in a place of employment when the Department of Occupational Safety and Health determines there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. The bill defines “serious physical harm” to include most categories of “serious injury or illness”, either from a single specific cause or cumulative injuries. This bill would also establish new procedures and standards for investigating and determining serious violations which cause harm or expose an employee to the risk of harm.
Repeals and adds Labor Code Section 6432.
Enrolled and to the Governor on 09/08/10.