California has amended sections of the labor code relating to occupational safety and health to require employers to post an employee notification containing specified information when the California Division of Occupational Safety and Health (Cal/OSHA) issues citations, orders or special orders to enforce occupational safety and health standards. The amendment takes effect on January 1, 2023.
This employee notification shall contain, at a minimum, all of the following:
- Notice that the division investigated the workplace and found one or more workplace safety or health violations.
- Notice that the investigation resulted in one or more citations or orders, which the employer is required to post at or near the place of the violation for three working days, or until the unsafe condition is corrected, whichever is longer.
- Notice that the employer is required to communicate any hazards at the workplace to employees in a language and manner they understand.
- Contact information for the division and the internet website where employees can search for citations against their employer.
Next Steps for Employers
Should an employer receive a Cal/OSHA citation, they must prominently post it at or near each place a violation referred to in the citation or order occurred. All postings shall be maintained for three working days, or until the unsafe condition is abated, whichever is longer. Employers must also provide the notice in English and in the top seven non-English languages used by limited-English-proficient adults in California, as determined by the most recent American Community Survey by the United States Census Bureau.