reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 2.5 - Hazardous Substances Information and Training › ARTICLE 5 - Liability and Remedies › Section 6399.5.

6399.5. The provisions of this chapter regarding manufacturers, employers, and persons subject to the provisions of Section 6397, shall be enforced pursuant to the provisions of this division pertaining to enforcement of standards adopted under Section 142.3.
(Added by Stats. 1980, Ch. 874.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 2.5 - Hazardous Substances Information and Training › ARTICLE 5 - Liability and Remedies › Section 6399.6.

6399.6. The provision of information to an employee pursuant to the provisions of this chapter shall not in any way affect any other liability of an employer with regard to safeguarding the health and safety of an employee or other persons exposed to a toxic or hazardous substance; nor shall it affect any other duty or responsibility of a manufacturer, producer, or other maker to warn ultimate users of a substance pursuant to other provisions of law.
(Added by Stats. 1980, Ch. 874.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 2.5 - Hazardous Substances Information and Training › ARTICLE 5 - Liability and Remedies › Section 6399.7.

6399.7. No person shall discharge or in any manner discriminate against, any employee because such employee has filed any complaint or has instituted, or caused to be instituted, any proceeding under or related to the provisions of this chapter, or has testified, or is about to testify, in any such proceeding, or because of the exercise of any right afforded pursuant to the provisions of this chapter on such employee’s behalf or on behalf of others, nor shall any pay, seniority, or other benefits be lost for exercise of any such right. A violation of the provisions of this section shall be a violation of the provisions of Section 6310. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service.
(Amended by Stats. 2020, Ch. 288, Sec. 4. (AB 2658) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6400.

6400. (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.
(b) On multiemployer worksites, both construction and nonconstruction, citations may be issued only to the following categories of employers when the division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the division:
(1) The employer whose employees were exposed to the hazard (the exposing employer).
(2) The employer who actually created the hazard (the creating employer).
(3) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite, which is the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer).
(4) The employer who had the responsibility for actually correcting the hazard (the correcting employer).
The employers listed in paragraphs (2) to (4), inclusive, of this subdivision may be cited regardless of whether their own employees were exposed to the hazard.
(c) It is the intent of the Legislature, in adding subdivision (b) to this section, to codify existing regulations with respect to the responsibility of employers at multiemployer worksites. Subdivision (b) of this section is declaratory of existing law and shall not be construed or interpreted as creating a new law or as modifying or changing an existing law.
(Amended by Stats. 1999, Ch. 615, Sec. 4. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6401.

6401. Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6401.5.

6401.5. No salvage of materials shall be permitted while demolition is in progress on any building, structure, falsework, or scaffold more than three stories high or the equivalent height for which a permit is required under subdivision (c) of Section 6500.
For this purpose salvage does not include removal of material from premises solely for the purpose of clearing the area to facilitate the continuation of the demolition.
(Added by Stats. 1976, Ch. 33.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6402.

6402. No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6403.

6403. No employer shall fail or neglect to do any of the following:
(a) To provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe.
(b) To adopt and use methods and processes reasonably adequate to render the employment and place of employment safe.
(c) To do every other thing reasonably necessary to protect the life, safety, and health of employees.
(Amended by Stats. 1983, Ch. 142, Sec. 113.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6404.

6404. No employer shall occupy or maintain any place of employment that is not safe and healthful.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6405.

6405. No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6406.

6406. No person shall do any of the following:
(a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use in any employment or place of employment.
(b) Interfere in any way with the use thereof by any other person.
(c) Interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment.
(d) Fail or neglect to do every other thing reasonably necessary to protect the life, safety, and health of employees.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6407.

6407. Every employer and every employee shall comply with occupational safety and health standards, with Section 25910 of the Health and Safety Code, and with all rules, regulations, and orders pursuant to this division which are applicable to his own actions and conduct.
(Amended by Stats. 1977, Ch. 62.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6408.

6408. All employers shall provide information to employees in the following ways, as prescribed by authorized regulations:
(a) Posting of information regarding protections and obligations of employees under occupational safety and health laws.
(b) Posting prominently each citation issued under Section 6317, or a copy or copies thereof, at or near each place a violation referred to in the notice of violation occurred.
(c) The opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under Section 142.3.
(d) Allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents.
(e) Notification of any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by an applicable standard, order, or special order, and informing any employee so exposed of corrective action being taken.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6409.

6409. (a) Every physician as defined in Section 3209.3 who attends any injured employee shall file a complete report of that occupational injury or occupational illness in a manner prescribed by the administrative director of the Division of Workers’ Compensation. The report shall include a diagnosis, the injured employee’s description of how the injury or illness occurred, any treatment rendered at the time of the examination, any work restrictions resulting from the injury or illness, a treatment plan, and other content as prescribed by the administrative director. The form shall be filed electronically with the Division of Workers’ Compensation and the employer, or if insured, with the employer’s insurer, within five days of the initial examination. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall also, within 24 hours of the initial examination, file a complete report with the local health officer by facsimile transmission or other means. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall not be compensated for the initial diagnosis and treatment unless the report is filed with the Division of Workers’ Compensation, the employer, or if insured, with the employer’s insurer, and includes or is accompanied by a signed affidavit which certifies that a copy of the report was filed with the local health officer pursuant to this section.
(b) As used in this section, “occupational illness” means any abnormal condition or disorder caused by exposure to environmental factors associated with employment, including acute and chronic illnesses or diseases which may be caused by inhalation, absorption, ingestion, or direct contact.
(Amended by Stats. 2016, Ch. 868, Sec. 13. (SB 1160) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6409.1.

6409.1. (a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, of each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid, with the Department of Industrial Relations or, if an insured employer, with the insurer, on a form prescribed for that purpose by the department. A report shall be filed concerning each injury and illness which has, or is alleged to have, arisen out of and in the course of employment, within five days after the employer obtains knowledge of the injury or illness. Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. In the case of an insured employer, the insurer shall file with the division immediately upon receipt, a copy of the employer’s report, which has been received from the insured employer. In the event an employer has filed a report of injury or illness pursuant to this subdivision and the employee subsequently dies as a result of the reported injury or illness, the employer shall file an amended report indicating the death with the department or, if an insured employer, with the insurer, within five days after the employer is notified or learns of the death. A copy of any amended reports received by the insurer shall be filed with the division immediately upon receipt.
(b) In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the Division of Occupational Safety and Health by telephone or through a specified online mechanism established by the division for this purpose. Until the division has made such an online mechanism available, the employer shall be permitted to make the report required by this subdivision by telephone or email. An employer who violates this subdivision may be assessed a civil penalty of not less than five thousand dollars ($5,000). Nothing in this subdivision shall be construed to increase the maximum civil penalty, pursuant to Sections 6427 to 6430, inclusive, that may be imposed for a violation of this section.
(Amended by Stats. 2019, Ch. 199, Sec. 1. (AB 1804) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6409.2.

6409.2. Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Thereafter, the division shall immediately notify the appropriate prosecuting authority of the accident.
(Amended by Stats. 2002, Ch. 885, Sec. 7. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6409.3.

6409.3. In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment.
(Added by Stats. 1979, Ch. 889.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6409.5.

6409.5. (a) Whenever any local public fire agency has knowledge that a place of employment where garment manufacturing operations take place contains fire or safety hazards for which fire and injury prevention measures have not been taken in accordance with local fire and life safety ordinances, the agency may notify the Division of Occupational Safety and Health. This referral shall be made only after the garment manufacturing employer has been given a reasonable amount of time to correct violations.
(b) Whenever the Division of Occupational Safety and Health has knowledge or reasonable suspicion that a place of employment where garment manufacturing operations take place contains fire or safety hazards for which fire and injury prevention measures have not been taken in accordance with local fire and life safety ordinances, the division shall notify the appropriate local public fire agency.
(c) Whenever the Division of Occupational Safety and Health receives a referral by a local public fire agency pursuant to subdivision (a) which informs the division that a place of employment where garment manufacturing operations take place is not safe or is injurious to the welfare of any employee, it shall constitute a complaint for purposes of Section 6309 and shall be investigated.
(d) Whenever a local public fire agency receives a referral by the Division of Occupational Safety and Health pursuant to subdivision (b) which informs the local public fire agency that a place of employment where garment manufacturing operations take place is not safe or is injurious to the welfare of any employee, the local public fire agency may investigate the referral at its discretion.
(e) (1) If the Division of Occupational Safety and Health acquires knowledge that the garment manufacturing employer is not currently registered, it shall notify the Division of Labor Standards Enforcement.
(2) Local public fire agencies may make referrals of individuals not registered as garment manufacturers to the Division of Labor Standards Enforcement.
(3) Whenever the Division of Labor Standards Enforcement is informed by the Division of Occupational Safety and Health or by a local public fire agency that a garment manufacturing employer is unregistered, the Division of Labor Standards Enforcement shall take measures it deems appropriate to obtain compliance.
(Added by Stats. 1991, Ch. 7, Sec. 2. Effective December 13, 1990. Operative January 1, 1991, by Sec. 3 of Ch. 7.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6410.

6410. (a) The reports required by subdivision (a) of Section 6409 and Section 6413 shall be made in the form and detail and within the time limits prescribed by reasonable rules and regulations adopted by the Department of Industrial Relations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Nothing in this chapter requiring recordkeeping and reporting by employers shall relieve the employer of maintaining records and making reports to the assistant secretary, United States Department of Labor, as required under the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). The Division of Occupational Safety and Health shall prescribe and provide the forms necessary for maintenance of the required records, and shall enforce by citation and penalty assessment any violation of the recordkeeping requirements of this chapter.
(c) All state and local government employers shall maintain records and make reports in the same manner and to the same extent as required of other employers by this section.
(Amended by Stats. 2012, Ch. 46, Sec. 111. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6410.1.

6410.1. It is the intent of the Legislature that the division maintain strong workplace injury and illness reporting standards.
(Added by Stats. 2018, Ch. 538, Sec. 5. (AB 2334) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6410.2.

6410.2. (a) The division shall monitor rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve Tracking of Workplace Injuries and Illnesses rule as published in the federal Register (81 FR 29624) with respect to the electronic submission of workplace injury and illness data.
(b) If the division determines that the Occupational Safety and Health Administration (OSHA) has eliminated or substantially diminished the requirement that employers electronically submit OSHA injury and illness data pursuant to 81 FR 29624, the division shall, within 120 days of the determination, convene an advisory committee to evaluate how to implement the changes necessary to protect the goals of the Improve Tracking of Workplace Injuries and Illnesses rule, as issued May 12, 2016. The committee shall be composed of parties in both management and labor and include parties that are required to keep injury and illness records under Article 2 (commencing with Section 14300) of Subchapter 1 of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations.
(c) This section does not require the disclosure of information prohibited under Section 6412.
(Added by Stats. 2018, Ch. 538, Sec. 6. (AB 2334) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6410.5.

6410.5. The reports required by subdivision (a) of Section 6409, subdivision (a) of Section 6409.1, and Section 6413 shall contain, prominently stated, the statement set forth in Section 5401.7.
(Added by Stats. 1991, Ch. 116, Sec. 34.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6411.

6411. Every employer or insurer receiving forms with directions from the Department of Industrial Relations to complete them shall cause them to be properly filled out so as to answer fully and correctly each question propounded therein. In case of inability to answer any questions, a good and sufficient reason shall be given for such failure.
(Amended by Stats. 2012, Ch. 46, Sec. 112. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6412.

6412. No report of injury or illness required by subdivision (a) of Section 6409.1 shall be open to public inspection or made public, nor shall those reports be admissible as evidence in any adversary proceeding before the Workers’ Compensation Appeals Board. However, the reports required of physicians by subdivision (a) of Section 6409 shall be admissible as evidence in the proceeding, except that no physician’s report shall be admissible as evidence to bar proceedings for the collection of compensation, and the portion of any physician’s report completed by an employee shall not be admissible as evidence in any proceeding before the Workers’ Compensation Appeals Board.
(Amended by Stats. 1987, Ch. 1019, Sec. 7.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6413.

6413. (a) The Department of Corrections and Rehabilitation, and every physician or surgeon who attends any injured state prisoner, shall file with the Division of Occupational Safety and Health a complete report, on forms prescribed under Sections 6409 and 6409.1, of every injury to each state prisoner, resulting from any labor performed by the prisoner unless disability resulting from such injury does not last through the day or does not require medical service other than ordinary first aid treatment.
(b) Where the injury results in death a report, in addition to the report required by subdivision (a), shall forthwith be made by the Department of Corrections and Rehabilitation to the Division of Occupational Safety and Health by telephone or telegraph.
(c) Except as provided in Section 6304.2, nothing in this section or in this code shall be deemed to make a prisoner an employee, for any purpose, of the Department of Corrections and Rehabilitation.
(d) Notwithstanding subdivision (a), no physician or surgeon who attends any injured state prisoner outside of a Department of Corrections and Rehabilitation institution shall be required to file the report required by subdivision (a), but the Department of Corrections and Rehabilitation shall file the report.
(Amended by Stats. 2012, Ch. 46, Sec. 113. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6413.2.

6413.2. (a) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may make recommendations to the Department of Corrections and Rehabilitation of ways in which the department might improve the safety of the working conditions and work areas of state prisoners, and other safety matters. The Department of Corrections and Rehabilitation shall not be required to comply with these recommendations.
(b) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may, in any case in which the Department of Corrections and Rehabilitation has not complied with recommendations made by the division pursuant to subdivision (b), or in any other case in which the division deems the safety of any state prisoner shall require it, conduct hearings and, after these hearings, adopt special orders, rules, or regulations or otherwise proceed as authorized in Chapter 1 (commencing with Section 6300) of this part as it deems necessary. The Department of Corrections and Rehabilitation shall comply with any order, rule, or regulation so adopted by the Division of Occupational Safety and Health.
(Amended by Stats. 2012, Ch. 46, Sec. 114. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 3 - Responsibilities and Duties of Employers and Employees › Section 6413.5.

6413.5. Any employer or physician who fails to comply with any provision of subdivision (a) of Section 6409, or Section 6409.1, 6409.2, 6409.3, or 6410 may be assessed a civil penalty of not less than fifty dollars ($50) nor more than two hundred dollars ($200) by the director or his or her designee if he or she finds a pattern or practice of violations, or a willful violation of any of these provisions. Penalty assessments may be contested in the manner provided in Section 3725. Penalties assessed pursuant to this section shall be deposited in the General Fund.
(Amended by Stats. 1987, Ch. 1019, Sec. 8.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6423.

6423. (a) Except where another penalty is specifically provided, every employer and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or of any other employee, who does any of the following is guilty of a misdemeanor:
(1) Knowingly or negligently violates any standard, order, or special order, or any provision of this division, or of any part thereof in, or authorized by, this part the violation of which is deemed to be a serious violation pursuant to Section 6432.
(2) Repeatedly violates any standard, order, or special order, or provision of this division, or any part thereof in, or authorized by, this part, which repeated violation creates a real and apparent hazard to employees.
(3) Knowingly fails to report to the division a death, as required by subdivision (b) of Section 6409.1.
(4) Fails or refuses to comply, after notification and expiration of any abatement period, with any such standard, order, special order, or provision of this division, or any part thereof, which failure or refusal creates a real and apparent hazard to employees.
(5) Directly or indirectly, knowingly induces another to commit any of the acts in paragraph (1), (2), (3), or (4) of subdivision (a).
(b) Any violation of paragraph (1) of subdivision (a) is punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine.
(c) Any violation of paragraph (3) of subdivision (a) is punishable by imprisonment in county jail for up to one year, or by a fine not to exceed fifteen thousand dollars ($15,000), or by both that imprisonment and fine. If the violator is a corporation or a limited liability company, the fine prescribed by this subdivision may not exceed one hundred fifty thousand dollars ($150,000).
(d) Any violation of paragraph (2), (4), or (5) of subdivision (a) is punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding fifteen thousand dollars ($15,000), or by both that imprisonment and fine. If the defendant is a corporation or a limited liability company, the fine may not exceed one hundred fifty thousand dollars ($150,000).
(e) In determining the amount of fine to impose under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require.
(Amended by Stats. 2002, Ch. 885, Sec. 8. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6425.

6425. (a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who willfully violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000).
(b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000).
(c) If the conviction is for a violation committed within seven years after a first conviction of the defendant for any crime involving a violation of subdivision (a), punishment shall be by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000).
(d) In determining the amount of fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require.
(e) As used in this section, “willfully” has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law.
(f) This section does not prohibit a prosecution under Section 192 of the Penal Code.
(Amended by Stats. 2011, Ch. 15, Sec. 222. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6426.

6426. Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this division shall, upon conviction, be punished by a fine of not more than seventy thousand dollars ($70,000), or by imprisonment for not more than six months, or by both.
(Amended by Stats. 1991, Ch. 599, Sec. 3. Effective October 7, 1991.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6427.

6427. (a) Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to twelve thousand four hundred seventy-one dollars ($12,471) for each violation.
(b) Commencing on January 1, 2018, and each January 1 thereafter, the maximum penalty amount specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing penalty amounts based on the annual increase in the CPI-U shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued.
(Amended by Stats. 2017, Ch. 28, Sec. 30. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6428.

6428. Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, if that violation is a serious violation, shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation. Employers who do not have an operative injury prevention program shall receive no adjustment for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section 6319.
(Amended by Stats. 1999, Ch. 615, Sec. 7. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6428.5.

6428.5. An employer’s injury prevention program shall be deemed to be operative for the purposes of Sections 6427 and 6428 if it meets the criteria for substantial compliance established by the standards board pursuant to Section 6401.7.
(Added by Stats. 1989, Ch. 1369, Sec. 13. Effective October 2, 1989.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6429.

6429. (a) (1) Any employer who willfully or repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, or any employer who commits an enterprise-wide violation as specified in Section 6317, may be assessed a civil penalty of not more than one hundred twenty-four thousand seven hundred nine dollars ($124,709) for each violation, but in no case less than eight thousand nine hundred eight dollars ($8,908) for each willful violation.
(2) Commencing on January 1, 2018, and each January 1 thereafter, the penalty amounts specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing penalty amounts based on the annual increase in the CPI-U shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued.
(b) Any employer who repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, shall not receive any adjustment of a penalty assessed pursuant to this section on the basis of the regulations promulgated pursuant to subdivision (c) of Section 6319 pertaining to the good faith of the employer or the history of previous violations of the employer.
(c) The division shall preserve and maintain records of its investigations and inspections and citations for a period of not less than seven years.
(Amended by Stats. 2021, Ch. 336, Sec. 6. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6430.

6430. (a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, within the period permitted for its correction shall be assessed a civil penalty of not more than fifteen thousand dollars ($15,000) for each day during which the failure or violation continues.
(b) Notwithstanding subdivision (a), for any employer who submits a signed statement affirming compliance with the abatement terms pursuant to Section 6320, and is found upon a reinspection not to have abated the violation, any adjustment to the civil penalty based on abatement shall be rescinded and the additional civil penalty assessed for failure to abate shall not be adjusted for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section 6319.
(c) Notwithstanding subdivision (a), any employer who submits a signed statement affirming compliance with the abatement terms pursuant to subdivision (b) of Section 6320, and is found not to have abated the violation, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding thirty thousand dollars ($30,000), or by both that fine and imprisonment; but if the defendant is a corporation or a limited liability company the fine shall not exceed three hundred thousand dollars ($300,000). In determining the amount of the fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. Nothing in this section shall be construed to prevent prosecution under any law that may apply.
(Amended by Stats. 1999, Ch. 615, Sec. 9. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6431.

6431. (a) Any employer who violates any of the posting or recordkeeping requirements as prescribed by regulations adopted pursuant to Sections 6408 and 6410, or who fails to post any notice required by Section 3550 or 6318, shall be assessed a civil penalty of up to twelve thousand four hundred seventy-one dollars ($12,471) for each violation.
(b) Commencing on January 1, 2018, and each January 1 thereafter, the maximum penalty amount specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing maximum penalty amounts based on the annual increase in the CPI-U shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued.
(Amended by Stats. 2022, Ch. 485, Sec. 3. (AB 2068) Effective January 1, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6433.

6433. The civil penalties set forth in Sections 6427 to 6431, inclusive, shall not be considered as other penalties specifically provided within the meaning of Section 6423.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6434.

6434. (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions shall be deposited with the Workplace Health and Safety Revolving Fund established pursuant to Section 78.
(b) Any school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions may apply for a refund of their civil penalty, with interest, if all conditions previously cited have been abated, they have abated any other outstanding citation, and if they have not been cited by the division for a serious violation at the same school within two years of the date of the original violation. Funds not applied for within two years and six months of the time of the original violation shall be expended as provided for in Section 78 to assist schools in establishing effective occupational injury and illness prevention programs.
(Amended by Stats. 2000, Ch. 135, Sec. 129. Effective January 1, 2001.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6434.5.

6434.5. (a) Any civil or administrative penalty assessed pursuant to this chapter against a public police or city, county, or special district fire department or the California Department of Forestry and Fire Protection shall be deposited into the Workers’ Compensation Administration Revolving Fund established pursuant to Section 62.5.
(b) Any public police or city, county, or special district fire department or the California Department of Forestry and Fire Protection may apply for a refund of any civil or administrative penalty assessed pursuant to this chapter, with interest, if all conditions previously cited have been abated, the department has abated any other outstanding citation, and the department has not been cited by the division for a serious violation within two years of the date of the original violation. Funds received as a result of a penalty, for which a refund is not applied for within two years and six months of the time of the original violation, shall be expended in accordance with Section 78 as follows:
(1) Funds received as a result of a civil or administrative penalty imposed on a city, county, or special district fire department or the California Department of Forestry and Fire Protection shall be allocated to the California Firefighter Joint Apprenticeship Program for the purpose of establishing and maintaining effective occupational injury and illness prevention programs.
(2) Funds received as a result of a civil or administrative penalty imposed on a police department shall be allocated to the Office of Criminal Justice Planning, or any succeeding agency, for the purpose of establishing and maintaining effective occupational injury and illness prevention programs.
(c) This section does not apply to that portion of any civil or administrative penalty that is distributed directly to an aggrieved employee or employees pursuant to the provisions of Section 2699.
(Added by Stats. 2005, Ch. 141, Sec. 1. Effective January 1, 2006.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6435.

6435. (a) Any employer who violates any of the requirements of Chapter 6 (commencing with Section 6500) of this part shall be assessed a civil penalty under the appropriate provisions of Sections 6427 to 6430, inclusive.
(b) This section shall become inoperative on January 1, 1987, and shall remain inoperative until January 1, 1991, at which time it shall become operative, unless a later enacted statute, which becomes effective on or before January 1, 1991, deletes or extends that date.
(Amended by Stats. 1986, Ch. 1178, Sec. 3. Note: This section was inoperative from Jan. 1, 1987, until Jan. 1, 1991, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 4 - Penalties › Section 6436.

6436. The criminal complaint regarding a violation of Section 6505.5 may be brought by the Attorney General or by the district attorney or prosecuting attorney of any city, in the superior court of any county in the state with jurisdiction over the contractor or employer, by reason of the contractor’s or employer’s act or failure to act within that county. Any penalty assessed by the court shall be paid to the office of the prosecutor bringing the complaint, but if the case was referred to the prosecutor by the division, or some other governmental unit, one-half of the civil or criminal penalty assessed shall be paid to that governmental unit.
(Amended by Stats. 2003, Ch. 449, Sec. 30. Effective January 1, 2004.)