California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 4 - Proposed Penalty Procedure › Section 336 - Assessment of Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Civil penalties for Regulatory, General, Serious, Repeat,
						Willful, and Failure to Abate violations shall be assessed in the following
						manner:
(a) Regulatory Violation --
(1) In General -- Any employer who commits
					 any Regulatory violation (as provided in Section
					 334(a) of this
					 article) shall be assessed a civil penalty of up to $15,873 for each such
					 violation. Except as set forth in parts (2) through (6) of this subsection, a
					 minimum proposed penalty of $500, representing the gravity of the violation,
					 shall be assessed against employers who commit Regulatory violations. The
					 proposed penalty shall be adjusted for Size, Good Faith, and History; however,
					 an abatement credit shall not be granted.
(2) For Carcinogens -- A minimum proposed
					 penalty of $1,000 for all carcinogen standard regulatory violations, other than
					 reporting use violations, representing the gravity of the violation, shall be
					 assessed against the employers who commit such violations. The proposed penalty
					 shall be adjusted for Size, Good Faith and History; however, an abatement
					 credit shall not be granted.
(3)
					 For Carcinogens Failure to Report Use. Any employer who violates a reporting
					 requirement respecting the use of a carcinogen as defined in Title 8 of the
					 California Code of Regulations section
					 330(f), shall be
					 assessed a minimum proposed civil penalty of $2,500. The proposed penalty shall
					 be adjusted for Size, Good Faith, and History; however, an abatement credit
					 shall not be granted.
(4) For
					 Violation of Permit or Registration Requirements. Any employer who violates the
					 permit requirements of article 2, Permits -- Excavations, Trenches,
					 Construction and Demolition, and The Underground Use of Diesel Engines in Work
					 in Mines and Tunnels, commencing with section
					 of Title
					 8341 of Title 8 of the California Code of
					 Regulations, or the Registration requirements of article 2.5, Registration --
					 Asbestos-Related Work commencing with section
					 of Title
					 8341.6 of Title 8 of the California Code of
					 Regulations, shall be assessed a minimum proposed civil penalty of $1,250. The
					 proposed penalty shall be adjusted for Size, Good Faith, and History; however,
					 an abatement credit shall not be granted.
(5) For Violation of Elevator Permit and
					 Posting Requirements. Any person owning or having custody, management, or
					 operation of an elevator who operates any such elevator without a valid permit,
					 or who fails to post the permit as required, may be assessed a civil penalty
					 pursuant to the provisions of this article of up to $1000.
(6) For Failure to Report Serious Injury or
					 Illness, or Death of an Employee -- Any employer who fails to timely report an
					 employee's injury or illness, or death, in violation of section
					 of Title
					 8342(a) of Title 8 of the
					 California Code of Regulations, shall be assessed a minimum penalty of
					 $5,000.