Redefining Workplace Safety Standards In Calif.

Law360, New York (February 25, 2011, 3:40 PM EST) -- On Jan. 1, 2011, California expanded the definition of what constitutes a "serious violation" of workplace safety standards. AB 2774, which amended California Labor Code Section 6432 on that date, creates significant consequences for California employers subject to enforcement by the California Division of Occupational Safety and Health (Cal/OSHA).

The new law also establishes a rebuttable presumption that a serious violation occurred and enables Cal/OSHA to rely on the testimony of its inspectors — which was previously impermissible — to prove the existence of these serious...
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