What Is Cal/OSHA in a California Workers’ Compensation Case?
Cal/OSHA stands for the California Division of Occupational Safety and Health, the state agency responsible for enforcing workplace safety and health regulations. While Cal/OSHA does not handle workers’ compensation claims directly, its role in investigating workplace hazards, accidents, and safety violations can impact a workers’ compensation case.
What Does Cal/OSHA Do?
Cal/OSHA’s primary duties include:
- Inspecting workplaces to ensure compliance with state safety laws
- Investigating serious workplace injuries, illnesses, and fatalities
- Issuing citations and penalties for safety violations
- Providing guidance to employers on improving workplace safety
If a worker is seriously injured on the job, Cal/OSHA may open an investigation to determine if the employer failed to follow safety regulations. The results of that investigation can be relevant in certain workers’ compensation cases.
How Cal/OSHA Affects Workers’ Compensation
Although workers’ compensation in California is a no-fault system—meaning benefits are paid regardless of who caused the injury—Cal/OSHA findings may still matter in cases involving:
- Serious and willful misconduct – If Cal/OSHA finds that the employer violated safety laws in a way that contributed to the injury, the injured worker may pursue a Serious and Willful Misconduct claim, which can increase compensation.
- Third-party liability claims – Cal/OSHA findings may help support claims against contractors, vendors, or others responsible for unsafe conditions.
- Defense disputes – Employers or insurance companies may try to use Cal/OSHA findings to argue that an injury was due to the worker’s actions, especially if safety rules were violated by the employee.
Can an Injured Worker File a Complaint With Cal/OSHA?
Yes. If you believe your workplace is unsafe or that your injury was caused by unsafe conditions, you can file a confidential complaint with Cal/OSHA. Complaints can be submitted online, by phone, or in writing.
Cal/OSHA may conduct an inspection or investigation based on the complaint. If violations are found, the employer may face fines or orders to correct the hazard.
Cal/OSHA Reporting Requirements for Employers
In California, employers are required to report certain workplace injuries and illnesses to Cal/OSHA, including:
- Fatalities
- Serious injuries such as amputations, hospitalizations, or disfigurement
- Occupational illnesses like exposure-related diseases
These reports help Cal/OSHA respond quickly to dangerous conditions and enforce safety standards.
Need Help With a Work Injury and Safety Concerns?
If your injury was caused by unsafe working conditions or your employer failed to follow safety rules, the Law Offices of Norman J. Homen can help. We can explain how Cal/OSHA findings may support your case and pursue all available legal options. Contact us today for a free consultation.