July 2015


It’s us again. In this months G&G News Letter we wanted to share with you assembly Bill 2774 (AB 2774), a California law which became effective back in 2011, January 1 to be exact. This bill has caused many businesses to rethink their approach to hazard prevention. AB 2774 in large part clarifies the definition of a "serious violation" in the California Labor Code and describes the procedures Cal/OSHA must follow in its enforcement efforts. We believe that every incident is predictable, preventable, and unacceptable, and that by doing the right things, a company reduces the probability of a citation with serious violations, and in this way protects your company or business from the financial consequences of workplace injuries.


There are two major differences created by the change:

1. The definition of a serious violation now requires:

  • That there is a realistic possibility that death or serious physical harm could result from the hazard
  • That there is an actual hazard as opposed to a potential hazard
  • That serious physical harm could result from the hazard. The definition of serious physical harm now includes
    • loss of efficiency, where a body part or functioning of an organ results in permanent and significantly reduced efficiency
    • any hospitalization for purposes other than observation, regardless of duration.

2. In preparation for issuing a citation with a serious violation, Cal/OSHA now requires its compliance officers to fill out a form documenting the above. Prior to issuing the citation, Cal/OSHA will send the form to the employer, allowing the employer to provide additional information showing

why the violation is not serious. Cal/OSHA will review and consider the new information before issuing the citation.

In addition, AB 2774 identifies a number of factors which Cal/OSHA must consider before issuing a "serious violation" citation. These factors include:

the type of training the employer provides its employees and supervisors relative to the hazard

the procedures the employer has in place for discovering, controlling and correcting the hazard or similar hazards

the employer's supervision of employees exposed or potentially exposed to the hazard

the employer's procedures for communicating its health and safety rules and programs to employees.


We believe that an effective safety program (injury and illness prevention program) is the cornerstone of preventing serious hazards, and the implementation of these programs, including all applicable hazard control programs, will reduce the likelihood of serious violations. G&G Safety and Health consultants are available to assist you with developing a tailor-made safety and health program customized to your needs. Our team of consultants will focus on injury and illness prevention, addressing the most serious hazards first and design a plan for you. For additional information or assistance, contact me at your earliest convenience.

Safety - A small investment for a rich future