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
… the construction industry is involved in Voluntary Protection Programs with their employees to help encourage safety precautions and identify possible dangers before an injury occurs. AB 1127 does nothing to encourage this type of cooperation between employers and employees to promote worksite safety.
AB 1127 … would place a powerful hammer in the hands of over-zealous prosecutors to intimidate businesses into pleading to lesser Labor Code violations when threatened with Penal Code prosecution.
We are also concerned by the provision that would prohibit a citation from being stayed pending an appeal. This provision would require that alleged violations be corrected before they are proven to exist, making an employer guilty until proven innocent.
The provisions of this bill are extremely open-ended, and encumber both employers and Cal/OSHA with many unreasonable administrative burdens and costs.
