Enforcing Cal/OSHA regulations via PAGA: A Trap for the Unwary Employer?
In recent months, we have provided a few updates on California’s work to reform the Private Attorneys General Act (PAGA). The effort culminated with Governor Newsom’s successful negotiation efforts between business and labor groups to strengthen worker protections, encourage employer compliance, streamline litigation processes, and avert a contentious ballot measure through the passage of two bills designed to meet the needs of both sides.
PAGA, a 2004 law signed by then Governor Gray Davis, created a private right of action allowing aggrieved employees to sue their employers on behalf of the state over labor law violations. These labor law violations have typically involved wage and hour disputes, which include failure to pay minimum wage and overtime pay, missed meal and rest period premiums, failure to pay final wages on time, incorrect wage statements, and neglect to repay necessary business expenses.
More recently the state has seen an uptick in employee grievances regarding health and safety claims in violation of Cal/OSHA in the workplace. Early on in the discovery process, these complaints have demanded that employers produce, in addition to the standard payroll and personnel documentation, safety records that include the employer’s Injury and Illness Prevention Program, injury logs, Hazard Communication Program, and Workplace Violence Prevention Plan. What does this mean for employers, specifically in the agricultural arena? Now, more than ever before, employers must be certain that their health and safety plans and logs are available, up-to-date and ready to be produced at a moment’s notice.
Cal/OSHA is the state agency that enforces workplace safety and health standards. The agency investigates workplace accidents and worker complaints of unsafe or unhealthy working conditions. Employers are required under the law to keep workers safe. In general, to help prevent injuries on the job, agricultural employers must:
- Have an effective workplace safety and health program, including an injury and illness prevention plan and heat illness prevention plan, in writing, with procedures to allow employee access to the written program.
- Make sure the workplace is safe by identifying safety and health hazards and correcting them.
- Tell employees about workplace hazards and train them how to work safely in a language the employees understand.
- Call Cal/OSHA right away when there is a death or serious injury or illness in the workplace.
- Keep track of all workplace injuries and illnesses that require more treatment than first aid.
- Post the Cal/OSHA poster “Safety and Health Protection on the Job” in a place where everyone can see it.
If any of the above standards are not met, agricultural employees have the right to file a confidential complaint with Cal/OSHA about a workplace hazard or unsafe condition. They can do this by filing a complaint online or by calling the Cal/OSHA district office serving the employee’s job location. In addition, because the Cal/OSHA requirements fall under the Labor Code, aggrieved employees can file a PAGA claim for any health and safety violations.
To avert a potential disaster for your workplace, the PAGA reform bills now provide incentives for employers to take proactive steps ahead of any potential litigation and allow for employer options to “cure” alleged violations after the commencement of any legal action. Thus, agricultural employers should be mindful of keeping their workplaces up to speed with updated health and safety plans and regular hazard identification and training. Did we get your attention yet? Don’t get caught off guard. Contact Rosasco Law Group to get your health and safety plans in proper order today.
