AB 1127 or the “Tosco Bill”
In California, in 1999, passage of the landmark legislation AB 1127 (Steinberg) culminated 16 years of efforts to give stronger prosecutorial power to district attorneys to address serious and willful violations of Cal/OSHA regulations which result in worker injuries and deaths. AB 1127 is sometimes referred to as the “Tosco Bill” after two fatal Tosco refinery explosions that killed four workers and galvanized public opinion.
The bill expanded and strengthened Cal/OSHA protections; increased civil and criminal penalties for willful, serious, and repeat violations of occupational safety and health standards; and perhaps most significantly, provided that willful violation of such standards leading to death or permanent or prolonged injury of an employee may be prosecuted as a misdemeanor or a felony.
Cry Wolf Quotes
Additionally, in a construction setting, where the type of work is inherently more dangerous than an office setting, it will be difficult to hire managers and supervisors for fear that they would be held criminally liable for accidents.
Its appropriate name should be the 'Be an Employer, Pay a Massive Penalty' Act.
[According to Chamber of Commerce] the regulations create a new ‘unclassified’ workplace violation, giving the state agency the ability ‘to strong-arm employers for higher penalties.’
Serves to drive independent contractors out of business and inhibit the ability of small business to survive by making the business liable for actions of a contractor. Small business and contractors who become small businesses are taking up the slack from corporate downsizing and contribute greatly to the prosperity of the state.
