Introduction

California's workplace safety laws provide comprehensive protection for workers through the California Division of Occupational Safety and Health (Cal/OSHA), which is one of the most comprehensive occupational safety programs in the United States. This guide breaks down the essential components of California's OSHA laws to help both employers and employees understand their rights and obligations.

What is Cal/OSHA?

Cal/OSHA, officially known as the Division of Occupational Safety and Health (DOSH), is California's state program responsible for protecting workers’ health and safety. Unlike many states that operate under federal OSHA guidelines, California has its own state-approved program that is "at least as effective" as federal standards and often exceeds them. The program is housed within the Department of Industrial Relations and consists of several key components:

  • The Division of Occupational Safety and Health (DOSH) enforces regulations and provides consultation services
  • The Cal/OSHA Enforcement Unit conducts inspections and issues citations
  • The Cal/OSHA Consultation Service provides free technical assistance
  • The California Occupational Safety and Health Standards Board establishes safety standards
  • The California Occupational Safety and Health Appeals Board handles appeals from citations

Who is Covered by Cal/OSHA?

Cal/OSHA protects almost all workers in California, including public employees and immigrant workers regardless of their legal authorization to work in the United States. However, some workers are not covered:

  • Self-employed individuals
  • Family members of farm owners working on family farms
  • Federal employees (who are covered by federal OSHA)

As of July 1, 2025, California expanded OSHA protections to include household domestic workers, ensuring they receive the same workplace safety protections as other workers. Employers have extensive legal obligations under Cal/OSHA laws. The fundamental requirement is stated in California Labor Code Section 6400:

"Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein."

Essential Employer Duties

  1. Workplace Safety and Hazard Correction: Employers must provide safe and healthy workplaces and immediately correct any hazardous conditions they know could result in serious injury. Failure to do so can result in criminal charges, monetary penalties, and imprisonment.
  2. Injury and Illness Prevention Program (IIPP): Every California employer must establish, implement, and maintain a written IIPP that meets the requirements of Title 8, Section 3203. This is the most frequently cited violation by Cal/OSHA each year.
  3. Training and Communication: Employers must provide safety training in a language employees understand, maintain training records, and establish systems for employees to report safety concerns without retaliation.
  4. Incident Reporting: Employers must notify the nearest Cal/OSHA office within 8 hours of any serious injury, illness, or fatality that occurs on the job. Failure to report can result in a minimum civil penalty of $5,000.
  5. Personal Protective Equipment (PPE): Employers must provide and pay for the required PPE when regulations mandate it.
  6. Record Keeping: Employers with 11 or more employees must maintain logs of work-related injuries and illnesses using forms 300, 300A, and 301.

The Injury and Illness Prevention Program (IIPP)

The IIPP is California's cornerstone workplace safety requirement and must include eight essential elements:

  • Responsibility – Designating someone with authority to implement the program
  • Compliance – Systems ensuring employees follow safety practices
  • Communication – Methods for discussing safety matters without fear of reprisal
  • Hazard Assessment – Procedures for identifying and evaluating workplace hazards
  • Accident/Exposure Investigation – Processes for investigating incidents
  • Hazard Correction – Methods for timely correction of unsafe conditions
  • Training and Instruction – Safety training programs for all employees
  • Recordkeeping – Documentation of program activities and training

Employee Rights and Responsibilities

1. Worker Rights

California workers have comprehensive rights under Cal/OSHA, organized into three main categories:

  • Right to Know: Workers have the right to receive information about workplace hazards, including training on chemical hazards, access to safety data sheets, and information about their exposure to toxic substances.
  • Right to Protection: Employers must eliminate or reduce hazards through engineering controls, safe work practices, and protective equipment when hazards cannot be eliminated.
  • Right to Act: Workers can speak up about safety concerns, file complaints with Cal/OSHA, participate in inspections, and refuse unsafe work under specific conditions.
  • Right to Refuse Unsafe Work: Under California Labor Code Section 6311, workers may refuse work that poses "real and apparent" hazards that could result in injury or death, provided they first ask their employer to eliminate the hazard and inform the employer they're willing to perform other work.

2. Worker Responsibilities

While Cal/OSHA doesn't cite workers for violations, employees are encouraged to:

  • Follow all safety rules and use prescribed protective equipment
  • Report hazardous conditions to employers
  • Report job-related injuries or illnesses promptly
  • Cooperate with Cal/OSHA inspections
  • Exercise their rights under the California Occupational Safety and Health Act

Specific Safety Requirements

1. Heat Illness Prevention

California was the first state to enact comprehensive heat illness prevention regulations. The outdoor heat standard (Title 8, Section 3395) requires employers to:

  • Provide clean drinking water
  • Make shade available when temperatures reach 80°F or higher
  • Implement high-heat procedures when temperatures reach or exceed 95°F
  • Provide training on heat illness recognition and prevention
  • Develop written heat illness prevention plans

In July 2024, California implemented a new indoor heat illness prevention standard (Title 8, Section 3396) covering workplaces where indoor temperatures reach 82°F or higher.

2. Workplace Violence Prevention

Effective July 1, 2024, California became the first state to require comprehensive workplace violence prevention plans for general industry employers under Senate Bill 553. Covered employers must:

  • Develop written workplace violence prevention plans
  • Conduct workplace violence hazard assessments
  • Provide employee training
  • Establish reporting procedures without retaliation
  • Maintain violent incident logs
  • Conduct annual plan reviews and retraining

Inspections and Enforcement

1. Inspection Process

Cal/OSHA conducts workplace inspections for various reasons:

  • Employee complaints about safety hazards
  • Reports of serious injuries, illnesses, or fatalities
  • Scheduled inspections of high-hazard industries
  • Follow-up on previous violations

During inspections, Cal/OSHA compliance officers:

  • Present credentials and conduct opening conferences
  • Perform walkaround inspections with employer representatives
  • Interview employees confidentially
  • Take photographs and collect evidence
  • Review required documentation
  • Hold closing conferences to discuss findings

2. Citations and Penalties

Cal/OSHA penalties are adjusted annually for inflation. As of January 1, 2025, maximum penalties are:

  • General and Regulatory violations: $16,285
  • Serious violations: $25,000 (unchanged)
  • Willful and Repeat violations: $162,851 (minimum $11,632)

Employers who receive citations have the right to appeal through the California Occupational Safety and Health Appeals Board.

3. Cal/OSHA Consultation Services

Cal/OSHA provides free consultation services to help employers comply with safety regulations. These services include:

  • Free on-site visits to identify hazards
  • Technical assistance and safety program development
  • Educational materials and training resources
  • Partnership programs for exemplary safety performance
  • Telephone and email support

Note: Consultation services are completely separate from enforcement activities and do not result in citations or penalties.

4. Record Keeping Requirements

Employers with 11 or more employees must maintain injury and illness records using the Cal/OSHA 300 series forms:

  • Form 300: Log of Work-Related Injuries and Illnesses
  • Form 300A: Annual Summary (must be posted February 1 - April 30)
  • Form 301: Injury and Illness Incident Report

Records must be maintained for five years, and employers meeting specific criteria must electronically submit Form 300A data to federal OSHA by March 2 each year.

Recent Developments

1. COVID-19 Regulations

As of February 3, 2025, most of Cal/OSHA's COVID-19 prevention standards have expired, though employers must continue tracking COVID-19 cases and maintaining related records until February 3, 2026.

2. Training and Resources

Cal/OSHA offers extensive training resources through the Cal/OSHA Training Academy, providing free online courses, guidance documents, and videos on various occupational safety topics. The state also supports the Worker Occupational Safety and Health Training and Education Program (WOSHTEP), which provides free 24-hour training courses to develop worker safety specialists.

3. Getting Help and Filing Complaints

Workers can file confidential complaints about workplace safety hazards by calling Cal/OSHA at 833-579-0927 or contacting local district offices. Employers seeking assistance can contact Cal/OSHA Consultation Services at 800-963-9424 or email InfoCons@dir.ca.gov.