SafetyQuestion 94 of 1632

A contractor is cited by Cal/OSHA for a "willful violation." This means the violation was:

a.Likely to cause death or serious physical harm
b.Committed knowingly, or with plain indifference
c.Substantially similar to an earlier final citation
d.Committed despite a written warning from the Division

Explanation

A willful violation is one the employer committed knowingly, intentionally, or with plain indifference to the requirement. It is defined by the employer's state of mind, not by how dangerous the condition was - which is exactly what separates it from (a), the serious class under Labor Code section 6432, and from (c), the repeat class. Option (d) names one common way of PROVING willfulness, since an employer that was told and did nothing is easy to characterise, but a prior warning is evidence rather than the definition: an employer that knows the rule and decides the schedule matters more is willful with or without a letter. Willful and repeat violations carry the highest penalties under section 6429.

Law Reference: Labor Code §6429; §6432

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