Pub. 2 2014 Issue 4

20 San Diego Dealer visor who knowingly fails to report a death to Cal/OSHA, or induces another to do so, is guilty of a misdemeanor punishable by up to 1 year in jail, a $1,500 fine, or both. If the violator is a corporation or LLC, the maximum fine is $150,000. The law has provisions that require Cal/OSHA to notify the appropriate prosecuting authority when an industrial accident results in a serious injury, illness, or death. Appeals Board Decision: Recent CA decisions have eliminated the adjustments/reductions to this penalty by the ALJ. Take Away: An OSHA investigation following the report of a serious injury is a certainty and detailed description of the accident to OSHA may incriminate the dealership leading to a criminal indictment. CSI, therefore, recommends that the employer is well-served by contacting their lawyer and being prepared for an OSHA investigation following a serious injury. Train your managers to report serious accidents to OSHA as required under the circumstances listed above even if the accident occurs after hours or on weekends. (Ref: T8CCR342 Ch. 3.2, AB 2837 & Labor Code 6423 and 29CFR1904.39(a)) Note: The contents of this article are merely for information only and not to be considered as legal advice. Employers must consult their lawyer for legal matters and safety consultants for matters related to safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA & OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering followed by a J.D. from Southwestern University School of Law (1997). Your comments/questions are always welcome. Please send them to sam@cellyservices.com . Continued from page 18 SanDiego6.com