SB 606, which took effect January 1, 2022, greatly increases the California Division of Occupational Safety and Health’s (“Cal/OSHA’s”) enforcement powers by creating two new violation categories – “enterprise wide” and “egregious” violations.
The new law creates a rebuttable presumption that an employer with multiple worksites commits an “enterprise wide” violation if (i) it has a written policy or procedure which violates Cal/OSHA’s rules and regulations, or (ii) there is evidence of a pattern or practice of the same violation(s) committed by the employer and which involve more than one of the employer’s worksites.
Due to the rebuttable presumption, an employer with multiple worksites will have the burden of demonstrating to Cal/OSHA that its other worksites have distinct, compliant written policies and/or practices when Cal/OSHA determines a violation has occurred. If the employer is unable to rebut the presumption, Cal/OSHA may issue an enterprise-wide citation requiring enterprise-wide abatement. For example, a flawed policy or procedure in an employer’s COVID-19 prevention program could result in significantly increased fines if the employer uses an equivalent program or policy throughout its California worksites.
Additionally, whereas Cal/OSHA could previously only seek an injunction if the at-issue condition of any employment constituted a “serious menace” to the lives or safety of persons about it, the new law authorizes Cal/OSHA to seek...
THE BILLING GRID A weekly column on research billing and coverage analysis, by Krishma Shah A coordinator submits a lab requisition. The central lab bills it to the site. The site bills it to Medi...