Compiled August, 2018
Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):
Added: 1973, c. 993
Amended:
• 1977, c. 62: inserted in the first sentence following “or special order” the phrase “or Section 25910 of the Health and Safety Code”.
• 1990, c. 1384: in the first sentence, substituted “Every” for “Any” and “fine not to exceed” for “fine of not more than”.
• 1991, c. 599: substituted “Any employer,” for “Every employer,” at the beginning of the section; increased the fine limit for a first conviction from $10,000 to $70,000; and, for a violation after a first conviction, increased the fine limit from $20,000 to $70,000, “but in no case less than thirty-five thousand dollars ($35,000).”
At this time, the section read as follows:
“Any employer, and every employee having direction, management, control, or custody of any employment, place of employment, or other employee, who willfully violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, shall, upon conviction, be punished by a fine of not more than seventy thousand dollars ($70,000), by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of the person, punishment shall be by a fine not to exceed seventy thousand dollars ($70,000), but in no case less than thirty-five thousand dollars ($35,000), by imprisonment for not more than one year, or by both. Nothing in this section shall prohibit a prosecution under Section 192 of the Penal Code.”
• 1999, c. 615: rewrote this section
• 2011, c. 15: in subdivision (c), substituted “pursuant to subdivision (h) of Section 1170 of the Penal Code” for “in the state prison”.
Six bills affected this section.
Tracing Statutory Language:
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