Cal/OSHA cites employers for COVID-19 violations

Cal/OSHA cites employers for COVID-19 violations

California’s Division of the Occupational Safety and Health Administration (Cal/OSHA) continues to cite multiple employers for safety and health violations related to workplace exposure to COVID-19.

California, Michigan, and Oregon OSHA has an emergency temporary standard (ETS) for COVID-19. Virginia also has a permanent COVID-19 infectious disease standard; and on January 21, President Joe Biden ordered the U.S. Occupational Safety and Health Administration (OSHA) to consider establishing a federal standard.

Cal/OSHA cited employers including Avenal and San Quentin State Prisons, healthcare facilities like Kaiser Permanente centers in Antioch and San Leandro, and grocery and children’s clothing stores. Cal OSHA initiated inspections at the San Quentin and Avenal prisons after reports of hospitalizations of staff following outbreaks at the facilities and has proposed penalties totaling $421,880 for violations found during the inspection of San Quentin State Prison and $39,600 for violations at Avenal State Prison. The agency determined that at San Quentin, staff were not adequately trained for working with COVID-19-infected individuals, and employees who had been exposed to COVID-19-positive inmates were not provided with proper medical services, such as testing, contact tracing, and referrals to physicians. 

Cal/OSHA issued citations for four willful-serious, five serious, one regulatory, and four general violations, including failure to institute an effective aerosol transmissible diseases (ATDs) control exposure plan. California has a permanent ATD standard in place that applies to correctional facilities, healthcare facilities, and emergency services. Avenal State Prison was cited for three serious violations after the agency found that it failed to maintain an adequate written ATD program and written respiratory protection plan. It also failed to implement and/or enforce work practice controls to minimize employees’ exposure to COVID-19.

Inspections were also conducted at several healthcare facilities following reports of serious COVID-19-related illnesses at the Kaiser Permanente medical centers in San Leandro, Antioch, and Walnut Creek. Burlingame-based Mills-Peninsula Medical Center opened an inspection in response to a complaint at Fairfield-based NorthBay Medical Center. Cal/OSHA found multiple deficiencies in the ATD and respiratory protection programs at these facilities and failed to immediately report serious COVID-19-related illnesses. They were cited for serious regulatory violations. 

Multiple citations for serious violations of the ATD standard at four skilled nursing centers after Cal/OSHA found that the facilities exposed their employees to COVID-19.

After 17 workers tested positive for COVID-19 in May 2020 Cardenas Market in Oakland was also cited for multiple violations, including three serious violations. Cardenas Market did not initially implement or require face coverings, physical distancing, or provide training for workers regarding coronavirus hazards and also failed to report a COVID-19-related illness that required hospitalization.

Cal/OSHA also cited Carter’s Children’s Wear of Gilroy for one regulatory and one serious citation following a COVID-19 accident inspection. The agency found that Carter’s failed to report a COVID-19-related serious illness and failed to establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP). 

California’s unique IIPP standard (there is no corresponding federal standard) requires employers in the state to assess hazards in their workplace and establish a written safety and health management program.

There are agencies in 22 states and territories with the authority to cite employers for failing to protect the health and safety of the private, state, and local government workers.

For more information about COVID compliance and regulation, read about OSHA’s most-violated standards related to COVID-19, OSHA standards applicable to COVID-19, and Tips for COVID-19 Risk Management.