Division of Occupational Safety and Health's twice-postponed advisory meeting on reforming Cal/OSHA's penalty structure will take place as scheduled May 6 at 10 a.m. But the Division announces a new meeting room at Oakland's Elihu Harris State Building: 2nd floor, Room 6, 1515 Clay St.
The meeting will address several aspects of the penalty structure, including:
§334, Classification of violations §335, Factors considered in assessing civil penalties §336, Assessment of civil penalties §342, Reporting work-related fatalities and serious injuriesDOSH officials were said to be working on a discussion draft of proposed language to be ready for the meeting. Cal/OSHA Chief Len Welsh told the March 1 meeting of the Cal/OSHA Advisory Committee that the reform effort could address proposed penalties, while maintaining average final penalties.
Another part of the discussion would be on allowing DOSH to propose penalties for failure to report fatalities or serious injuries less than the statutory minimum of $5,000. The Cal/OSH Appeals Board routinely reduces these proposed penalties on appeal, and DOSH points out that if it had the ability to propose lower penalties in the first place, it could preclude many appeals.
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