安全第 1325 / 1632 题

Which can result from a willful violation of an occupational safety standard that causes death or permanent injury to an employee?

a.Criminal prosecution, with fines or imprisonment
b.A civil penalty only, with no criminal exposure at all
c.Automatic revocation of the contractor's state licence
d.Referral to the Appeals Board for civil penalties

解析

Labor Code section 6425(a) makes a willful violation of a safety standard that causes death or permanent or prolonged impairment a crime, punishable by fine, by imprisonment, or by both. It runs on top of the civil penalty rather than instead of it, so (b) is wrong in treating the two as alternatives. A Cal/OSHA finding does not by itself revoke a contractor's licence; discipline would come separately from the Board under Business and Professions Code section 7110, on its own record. And the Occupational Safety and Health Appeals Board hears the employer's appeal of a citation - it is the forum an employer goes to, not a prosecutor the Division refers cases to.

法律依据: Labor Code §6425(a); B&P §7110

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