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 unfairly hold an employer liable for violations of independent contractors over whom they had no control. This is not only unfair, it makes no sense. And, as a result, AB 1127 will discourage employers from hiring independent contractors, who are often small and minority-owned businesses.
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.
It is doubtful that doubling criminal provisions and the imposition of exorbitant fines will proportionally improve worker safety. Provisions to impose larger potential fines on corporations are also unfair and unjustified.
Additionally, in a construction setting, where the type of work is inherently more dangerous than an office setting, it will be difficult to hire managers and supervisors for fear that they would be held criminally liable for accidents.
