Use of CarcinogensPenalties

Section § 9060

Explanation

This law section describes the penalties for not following rules about carcinogen use in the workplace. If an employer doesn't report as required, the fine is at least $500. For repeated violations, the fine goes up to at least $5,000, and for repeated serious violations, it's at least $10,000. The law limits the maximum fines to what is mentioned in Chapter 4, but it doesn't replace any criminal penalties or offenses related to this matter.

The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:
(a)CA Labor Code § 9060(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).
(b)CA Labor Code § 9060(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).
(c)CA Labor Code § 9060(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten thousand dollars ($10,000).
The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
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Section § 9061

Explanation

This law defines what counts as a "serious violation" in terms of workplace safety. Normally, a serious violation includes breaking rules related to using carcinogens (cancer-causing substances). However, if the employer truly didn't know and couldn't realistically know about the issue, or if the violation was minor and caused no real health risk, it won't be considered serious.

(a)CA Labor Code § 9061(a) For purposes of this part, “serious violation” shall have the meaning specified in Section 6432 and, except as provided in subdivision (b), shall additionally include any violation of a standard or special order respecting the use of a carcinogen.
(b)CA Labor Code § 9061(b) A violation of a standard or special order respecting the use of a carcinogen shall not, be a “serious violation” if the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation or if the violation is minor and resulted in no substantial health hazard, as determined by the division.
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