SafetyQuestion 344 of 1632

Cal/OSHA classifies a violation as "general" when it:

a.Relates to safety but is unlikely to cause serious harm
b.Is committed knowingly, or with plain indifference
c.Creates a realistic possibility of death or serious harm
d.Concerns posting, recordkeeping or reporting duties only

Explanation

Labor Code section 6427 defines the general, or non-serious, class: a violation with a direct relationship to occupational safety or health that is not likely to cause death or serious physical harm. The other three are real classes wearing the wrong label. Option (c) is the serious class under section 6432, which turns on a realistic possibility that death or serious physical harm could result from the actual hazard the violation created. Option (b) is the willful class, defined by the employer's state of mind rather than by the danger. Option (d) is the regulatory class, which covers posting, recordkeeping and reporting duties. Keeping them apart matters because the penalty ladder in sections 6427 to 6430 follows the classification exactly.

Law Reference: Labor Code §6427; §6428; §6429; §6430; §6432

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