Sacramento — In a hearing on the state auditor’s findings of multiple failings in Cal/OSHA, Assembly Labor Chair Liz Ortega (D-San Leandro) announced plans for a bill to increase criminal prosecutions of employers when workers die or are seriously injured on the job and pressed officials for discounting fines by more than half.
“When do you make the decision to make criminal referrals to prosecutors? Is it after the first death, after the second death, after the third death?” asked Asm. Ortega, after sharing a story about an employer in her district, Alco Scrap Metal, where three workers have died in the last three years. To date, Alco has paid only $18,000 in fines. The company was recently referred for criminal prosecution for the most recent death.
The audit, which Asm. Ortega requested last year, found that more than 82% of so-called “investigations” were handled by mail instead of on-site investigations. When Cal/OSHA does perform a real investigation, there is little accountability. Over the last five years, 8,362 employers had their fines discounted by an average of 56%—even in cases involving serious injuries and deaths. Just 1.7% of serious cases were referred for criminal prosecution…