Q: Do domestic workers have occupational safety and health protections in California?
A: California SB 1350 provides domestic workers protections under Cal/OSHA, granting the agency control over domestic services, with limited exceptions.
Legislative History Surrounding SB 1350
According to the bill's author, Senator Maria Elena Durazo, domestic workers often are put at severe risk of injury and illness, particularly during public health emergencies and climate disasters. For example, within a year of the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California. In addition, during the California wildfires, there are reports of domestic workers and other household workers being asked to stay behind to fight fires, protect homes or pets, work in smoky environments, and clean toxic ash. Furthermore, domestic workers are exposed to injuries and illnesses in their day-to-day work.
Federal law requires that state-run safety plans be at least as effective as federal OSHA. Since its creation, Cal/OSHA has held a broader exclusion for household domestic work than the one contained in federal law. As such, domestic workers who work for agencies or other third-party employers outside of the household historically have not been protected by Cal/OSHA.
The New Framework
California SB 1350 has amended Labor Code § 6303, extending California's workplace safety protections to domestic workers performing household tasks. Effective July 1, 2025, these workers will be covered by Cal/OSHA. Historically, household domestic services were excluded from the definition of a "place of employment" and therefore Cal/OSHA's jurisdiction.
The new law removes this exemption and grants Cal/OSHA control over household domestic services with the following exceptions:
- Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of the cost of that service
- Employment in family daycare homes, as defined
- Individuals who in their own residences privately employ persons to perform for the benefit of such individuals what are commonly regarded as ordinary domestic household tasks, including housecleaning, cooking, and caregiving.
Penalties
On January 1, 2025, the Department of Industrial Relations' (DIR's) Division of Occupational Safety and Health (Cal/OSHA) increased penalties for certain violations.
For citations issued on or after January 1, 2025, the maximum penalties for violations classified as regulatory, general, willful, or repeat are the following:
- 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.
- The minimum penalty for willful violations is $11,632.
Best Practices
- Employers must evaluate and revise their existing safety procedures to ensure full compliance with Cal/OSHA standards before the July 1, 2025, effective date.
- Employers should provide domestic workers with training on the updated safety requirements, including proper use of protective gear and safe practices for handling approved chemicals.
- Clear reporting processes should be established to allow workers to report unsafe conditions, and employers should respond to these concerns promptly and effectively.
Overview of Cal/OSHA
Cal/OSHA helps protect workers from health and safety hazards on the job in workplaces across California. Federal OSHA monitors and supports Cal/OSHA's job safety and health programs. Cal/OSHA often transcends federal OSHA standards. Its specific standards extend to a variety of workplace safety issues, such as (1) toxic substances, (2) hazardous equipment, (3) electrical hazards, (4) infectious diseases, and (5) fire and explosion hazards.
Employers must provide their employees with work assignments and workplaces that are safe and healthful. In addition, they must follow all applicable Cal/OSHA standards, including training requirements. They must correct any hazardous conditions that they know may result in serious injury to employees. Failure to do so could lead to criminal charges, penalties, and even incarceration.
Cal/OSHA requires employers to report serious workplace injuries, illnesses, or fatalities within designated timeframes. The agency conducts inspections of workplaces when it receives a complaint or report.
Conclusion
Wilson Elser continually monitors developments in this area. Employers are encouraged to seek legal assistance when implementing policies that support compliance with this new law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
