From: jarmy4**At_Symbol_Here**west.net Subject: Re: [DCHAS-L] CalOSHA & UCLA Date: May 7, 2009 6:06:41 PM EDT (CA) Dear Fellow Safety Advocates, I hear some surprise at the extent of the Cal/OSHA fines. I hope you are not forgetting where the real hammer lies in safety enforcement in California, and it is not with Cal/OSHA. Everyone should remember that in the California the primary role of Cal/OSHA is to establish responsibility and liability, which is evident in this citation. I am not an attorney, but I am very sure from past experiences that this case will end up in the judicial system where a jury and a judge will be asked to determine compensatory damages, and perhaps punitive damages. This citation makes it very difficult for the employer to deny responsibility. The current compensatory damage award for a fatality in California is running around $ 10,000,000 and the Punitive damages for a gross negligence fatality could run more than $ 5,000,000. These awards are normally subrogated to all parties involved including the responsible supervisors and employees. Many companies can not afford to stay in business long after these fines awarded. In this case UCLA and the state of California will figure out how to fork over 10-20 million dollars. The rule to remember is: It is not a good idea to violate a safety regulations, it could get you fined a little. It is very very expensive practice to violate a safety regulation and harm an employee. Jack Armstrong AZ Safety
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