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CALPASC Members Are Reminded To Be Very Careful When Given a 1BY Form From Cal/OSHA

Friday, July 14, 2017   (0 Comments)
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CALPASC Members Are Reminded To Be Very Careful When Given A 1BY Form From Cal/OSHA

 

The 1BY Form was developed as a result of compromises made for the passage of SB 774 in 2010. Unfortunately, Cal/OSHA has not used the form in the way it was intended. Much of the time, employers are hurt by filling out and returning the form, rather than helped.

 

The original intent was to allow an employer an opportunity to express why a Cal/OSHA citation should not be issued as a serious citation. This would be helpful to employers, if they could respond with more information so Cal/OSHA could issue the citation as a general, or perhaps not at all. Once Cal/OSHA issues a citation as serious, even if it is later dropped entirely or reduced to a general; the fact that a serious citation was originally issued remains on the employer's public record.

 

The reality is that Cal/OSHA doesn't often provide the information employers were expecting; and too much of the time the written response by the employer is considered an admission of facts by Cal/OSHA, and used against the employer in the appeal process.

 

There are certain circumstances where it may be beneficial to return a 1BY form, but likely not very often. CALPASC members are encouraged to consult with attorneys or consultants very familiar with Cal/OSHA's citation and appeal process before responding. CALPASC members are also encouraged to contact CALPASC Director of Risk Management Bruce Wick, to discuss the situation as well at (909) 793-9932 or bwick@calpasc.org.


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