AB 1127 or the “Tosco Bill”
In California, in 1999, passage of the landmark legislation AB 1127 (Steinberg) culminated 16 years of efforts to give stronger prosecutorial power to district attorneys to address serious and willful violations of Cal/OSHA regulations which result in worker injuries and deaths. AB 1127 is sometimes referred to as the “Tosco Bill” after two fatal Tosco refinery explosions that killed four workers and galvanized public opinion.
The bill expanded and strengthened Cal/OSHA protections; increased civil and criminal penalties for willful, serious, and repeat violations of occupational safety and health standards; and perhaps most significantly, provided that willful violation of such standards leading to death or permanent or prolonged injury of an employee may be prosecuted as a misdemeanor or a felony.
Cry Wolf Quotes
AB 1127 … would place a powerful hammer in the hands of over-zealous prosecutors to intimidate businesses into pleading to lesser Labor Code violations when threatened with Penal Code prosecution.
For the last few years, Cal/OSHA has attempted to create a partnership with employers to create safe workplaces for all employees. This partnership has been focused on working together to solve problems rather than merely serve as an enforcement driven agency. The agency’s consultation service is evidence of the efforts. AB 1127 would, with the stroke of a pen, erase years of hard work and co-operation between business and the agency by focusing on the prescription of regulations rather than the creation of workable answers to true workplace safety issues.
Its appropriate name should be the 'Be an Employer, Pay a Massive Penalty' Act.
This bill would have a severe economic impact on local, family businesses like the beer wholesalers by exposing them to increased liability and the potential for costly litigation claims.