Rancho Mesa's Alyssa Burley and Vice President of the Human Services Group Sam Brown talk about California’s Senate Bill 606 and what it means for businesses.

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Director/Producer/Host: Alyssa Burley

Guest: Sam Brown

Editor: Lauren Stumpf

Music: "Home" by JHS Pedals, “News Room News” by Spence

Transcript

[Introduction Music]

Alyssa Burley: Hi, this is Alyssa Burley with Rancho Mesa’s Media Communications and Client Services Department. Thank you for listening to today’s top Rancho Mesa news brought to you by our Safety and Risk Management Network, StudioOne™.

Welcome back everyone. My guest today is Sam Brown, Vice President of the Human Services Group with Rancho Mesa. Today, we’re going to talk about California’s Senate Bill 606 and what it means for businesses. Sam, welcome to the show.

Sam Brown: Always good to be back in StudioOne™.

AB: Now, California Governor Gavin Newsom recently signed into law SB 606, which greatly expands Cal/OSHA’s enforcement powers and monetary penalty amounts that they can issue to businesses. The new law will take effect January 1, 2022, so California employers only have a few months to ensure they are OSHA compliant or face steep monetary fines.

Sam, what’s the most important take-a-way business owners should know about with SB 606?

SB: Well, the first big impact could be to employers with multiple worksites. This senate bill creates the presumption that an employer with multiple worksites has committed an “enterprise-wide” violation, and that’s the key word, enterprise-wide, if Cal/OSHA determines either the employer has a non-compliant written policy or procedure, or has evidence of the same violation committed by that employer involving more than one of its worksites.

So, this change creates the possibility that a California employer adhering to their written program that applies to all their locations can be cited for each California worksite. That’s a big change.

Cal/OSHA will also have the authority to seek a temporary restraining order and an injunction against any employer suspected to have committed an enterprise-wide violation.

AB: So, it’s important to ensure that any written programs like fall protection, heat illness, or COVID are all Cal/OSHA compliant, because what would have previously been seen as one violation, may turn into violations at each location.

And we have sample written programs in the Risk Management Center, so I encourage our listeners to take advantage of those resources if you need to update your safety program.

Now, what else should California business owners be aware of about this new senate bill?

SB: Well, the far-reaching second part of the law states that if Cal/OSHA determines an employer has “willfully and egregiously” committed a violation, the employer may receive a citation for each egregious violation and each instance of any employee exposed to that violation shall be considered a separate violation. I’m gonna say that again. Each instance of any employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties.

AB: Wow, [Laughs] one misguided policy could really cost an employer with that.

How does Cal/OSHA define a violation as egregious?

SB: That’s a good question. The law details seven bases for “egregious” conduct. But a proof of only one will be sufficient to justify a citation.

AB: What do you recommend California employers do to ensure they aren’t caught off guard with this?

SB: Employers really need to prioritize a full review of safety policies, procedures, and practices to reduce the likelihood of an “enterprise-wide” or “egregious” conduct violation.

Also, Cal/OSHA’s Consultation Branch offers free on-site visits to proactively address any potential violations, and that’s a really nice resource that all employers should tap into.

AB: And that’s a great suggestion and the Consultation Branch is there to provide help to businesses that want to comply with their safety standards and aren’t sure if they’ve missed anything. So, contact the Consultation Branch before there is an issue. That’s really key to minimizing potential fines.

Sam, if clients have questions about SB 606 or their insurance, what's the best way to get in touch with you?

SB: I can be reached at (619) 937-0175 or via email at sbrown@ranchomesa.com.

[Closing Music]

AB: Sam, thank you so much for joining me in StudioOne™.

SB: Thanks for having me Alyssa.

AB: This is Alyssa Burley with Rancho Mesa. Thanks for tuning in to our latest episode produced by StudioOne™. For more information visit us at ranchomesa.com and subscribe to our weekly newsletter.