Lathrop GPM Partner Michael Manoukian was recently quoted in an article for SHRM discussing the unique intersection of the California Division of Occupational Safety and Health (Cal/OSHA) and the Private Attorneys General Act (PAGA) when it comes to workplace safety violations.
Manoukian explains that while Cal/OSHA directly enforces workplace safety standards, PAGA empowers workers to sue their employers on behalf of themselves and other employees for labor code violations, including those related to safety that fall under Cal/OSHA’s purview. He notes that common bases for a Cal/OSHA violation and potential PAGA claim include situations where “employees aren’t given proper safety gear or are forced to work in an unsafe work environment.”
The article explores how PAGA claims can proceed without Cal/OSHA’s direct participation, though the worker must demonstrate a violation of the California Labor Code. Manoukian also addresses the possibility of dual Cal/OSHA investigations and PAGA lawsuits, stating that while he hasn’t personally seen it, “it’s definitely feasible, especially when a workplace is an unsafe environment to a large number of employees.” He further highlights that while courts have generally supported PAGA claims encompassing safety violations, some recent rulings have “limited the scope of the PAGA claims by requiring more proof of widespread violations.”
To help employers avoid such claims, Manoukian recommends proactive measures including regularly reviewing Cal/OSHA standards, routinely training and educating employees on safety protocols, conducting mock Cal/OSHA inspections, documenting remediation efforts, and working with outside safety consultants for unbiased reviews.
Read the full article here: PAGA vs. Cal/OSHA: How Employers Can Stay Compliant