Introduction
Supervisors’ Responsibilities and Legal Obligations
As a school district supervisor, you have the responsibility, as well as a legal obligation under Cal/OSHA and other regulations, to ensure that District employees follow the District safety policy.
California laws place a significant emphasis on creating and maintaining a "safe and healthy workplace" for all California employees. Employers not in compliance with safety and health regulations should be aware that they risk more than fines or civil penalties. Employers, directors, management officials, and supervisory personnel in violation of the California Occupational Safety and Health Act (Cal/OSHA) and other safety and health laws may also incur criminal liability.
Every violation of a Cal/OSHA standard, order, special order, or Health and Safety Code provision in which there is a death, or serious injury to five or more employees, must be investigated by a State agency. As part of such an investigation, a decision will be made whether to impose criminal liability. Cal/OSHA sets out criminal penalties for supervisory personnel who willfully violate Cal/OSHA or Health and Safety Code standards. Supervisory personnel are employers or employees who have direct management, control, or custody of any employment, place of employment, or other employee.
On January 1, 2025, the Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health (Cal/OSHA) increased penalties for certain violations.
The maximum penalties for violations classified as regulatory, general, willful, or repeat are as follows:
The maximum penalty for general and regulatory violations, including posting and recordkeeping violations, is $16,285.
The maximum penalty for willful and repeat violations is $162,851.
The maximum penalty for violations classified as serious is $25,000; it did not increase.
The minimum penalty for willful violations is $11,632.
Any supervisor who makes a false statement in any record, report, or plan that the State agency requires an employer to file or maintain may be subject to criminal liability and receive a fine and/or imprisonment of up to six months. Injury and Illness Prevention Plans required of all California employers are included in this regulation.
In addition, an employer whose safety violations cause the death of an employee may be prosecuted for Manslaughter. Voluntary Manslaughter is the unlawful killing of a person, without malice. A charge of Involuntary Manslaughter may be brought when a death occurs in the commission of a misdemeanor, or in the commission of a lawful act which causes death in an unlawful manner or by insufficient caution and circumspection.