When A.B. 1634 takes effect Jan. 1, 2015, DOSH will be prohibited from granting proposed modifications to civil penalties for abatement or credit for abatement unless the employer has done one of three specified things. These include abating violations at the time of the initial inspection, at the time of re-inspection or has submitted a signed statement under penalty of perjury with supporting evidence to show the violation has been abated.
In the case of serious or willful violations, an appeal to the Occupational Safety and Health Appeals Board by the employer will no longer stay or suspend the requirement to abate the hazards unless the employer can demonstrate by a preponderance of the evidence that a stay or suspension of the abatement will not adversely affect employee safety and health.
To find out more and read the bill in full, visit the California Legislative Information website.
