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It’s certainly not getting any easier to do business in California.  As of January 1st, every employer must be aware that the repeat violation language has changed.  No longer will repeats only be given for violating the same rule twice in three years… here are the bullet items, and the subsequent standard for your consideration.

  • The repeat violation eligibility timelines increase from the 3 year fed standard to a new 5 year standard in California.
  • Any operation in the state is eligible, no regional restrictions.  You can have operations in San Diego that affect your San Francisco operations now.
  • THE BIG ONE.  Your liability used to be violating the same standard twice, now it is violating a similar standard twice in the 5 year period.

You heard that right, similar, not same.  For example, if you were to receive a violation for violating high heat illness, and subsequently have a violation related to heat illness in any way you could be cited for a repeat violation.  A general violation can cost less than 1k, a repeat starts at 70k… see the new and old standards below.  Follow us and talk with us on social media.

Back in the day…

PRIOR REPEAT VIOLATION DEFINITION [334(d)(1)]
A Repeat “is a violation where the employer has corrected, or indicated correction of an
earlier violation, for which a citation was issued, and upon a later inspection is found to
have committed the same violation again within a period of three years immediately
preceding the latter violation. For the purpose of considering whether a violation is
repeated, a repeat citation issued to employers having fixed establishments ( e.g. factories,
terminals, stores … ) will be limited to the cited establishment; for employers who engaged
in businesses having no fixed establishments (e.g. construction, painting, excavation … ) a
repeat violation will be based on prior violations cited within the same Region of the
Division.”

Today… 

NEW REPEAT VIOLATION DEFINITION [POST JAN. 1 5T]
A Repeat “is a violation where the employer has abated or indicated abatement of an
earlier violation occurring within the state for which a citation was issued, and upon a
later inspection, the Division finds a violation of a substantially similar regulatory
requirement and issues a citation within a period of five years immediately following the
latest of: (1) the date of the final order affirming the existence of the previous violation
cited in the underlying citation, or (2) the date on which the underlying citation became
final by operation of law. For violations other than those classified as repeat regulatory,
the subsequent violation must involve essentially similar conditions or hazards.”

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