ARTICLE
24 July 2025

California State Auditor Reports 'Critical Weaknesses' In Cal/OSHA's Processes

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Ogletree, Deakins, Nash, Smoak & Stewart

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Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
On July 17, 2025, the California State Auditor's Office released a comprehensive report (Report No. 2024-115) highlighting significant deficiencies within the Division of Occupational...
United States California Employment and HR

On July 17, 2025, the California State Auditor's Office released a comprehensive report (Report No. 2024-115) highlighting significant deficiencies within the Division of Occupational Safety and Health (Cal/OSHA). The audit, which reviewed sixty case files from fiscal years 2019–20 through 2023–24, exposed alleged critical weaknesses in Cal/OSHA's enforcement processes and staffing levels, and in very plain language, raised concerns about the agency's ability to protect California's nearly 20 million workers effectively.

Quick Hits

  • On July 17, 2025, the California state auditor released a report identifying significant deficiencies in Cal/OSHA's enforcement processes and staffing levels.
  • The audit reviewed sixty case files from fiscal years 2019–20 through 2023–24 and found critical weaknesses in Cal/OSHA's inspection and documentation practices.
  • The report recommended that Cal/OSHA update its policies, improve inspection processes, enhance abatement verification, address staffing shortages, and modernize systems to better protect California's workers.

The Audit's Key Findings

Inadequate Inspections of Complaints and Accidents

The audit found that Cal/OSHA did not always have sufficient reasons for closing some workplace complaints and accidents without conducting on-site inspections. In nine of the thirty uninspected complaints reviewed, the rationale for not inspecting was questionable due to a lack of evidence supporting compliance with Cal/OSHA's policies.

Additionally, in six of the seven uninspected accident cases, the decision not to inspect lacked clear documentation. This included cases where workers sustained injuries requiring emergency medical treatment.

Weaknesses in On-Site Inspections

According to the report, Cal/OSHA did not consistently document effective reviews of employers' injury and illness prevention programs (IIPP).

The audit also found that Cal/OSHA did not always document whether employers had abated identified hazards.

Staffing Shortages

Cal/OSHA faced significant staffing shortages, with a 32 percent vacancy rate in fiscal year 2023–24. Some district offices had even higher vacancy rates, "significantly limiting [the agency's] ability to protect workers."

The audit highlighted that nearly all twenty-four regional and district managers interviewed indicated that their offices would have conducted more thorough inspections if adequately staffed.

The Audit's Recommendations

To address the audit's findings and issues, the audit provided several recommendations for Cal/OSHA.

Policy and Procedure Updates

  • Cal/OSHA should update its policies and procedures to ensure thorough documentation of decisions not to conduct on-site inspections. This includes providing detailed rationales and considering factors beyond the source of complaints, such as the severity of allegations and the employer's history.
  • The agency should also require supporting documents from employers in letter investigations to prove that alleged hazards have been addressed.

Improving Inspection Processes

  • Cal/OSHA should revise its policies to ensure comprehensive evaluations of employers' IIPPs and document these evaluations in case files.
  • The agency should establish clear guidelines for conducting and documenting interviews during inspections, including the use of audio recordings or signed statements.

Enhancing Abatement Verification

  • Cal/OSHA should require supporting evidence beyond signed certifications to prove that employers have abated serious, repeat, or willful violations.
  • The agency should document the causes or contributing factors of accidents and ensure that abatement efforts address these factors.

Addressing Staffing Shortages

  • Cal/OSHA should develop a plan to reduce vacancy rates to 20 percent or less by July 2027. This includes addressing barriers to hiring and retention, such as pay disparities and hiring inefficiencies.
  • The agency should also consider consolidating proactive inspection responsibilities within specialized offices to increase efficiency.

Modernizing Systems and Processes

  • Cal/OSHA should implement an electronic case management system by July 2027 to reduce reliance on paper-based files and improve documentation and data entry.
  • The agency should develop an online complaint submission portal by January 2027 to make it easier for workers to file complaints.

Key Takeaways

While the audit reviewed only sixty case files, the report is unforgiving in its conclusions and recommendations to drive improvements in the agency's enforcement processes and staffing levels. There has been no response yet from the agency.

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.

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