Code Details

Labor Code – LAB
DIVISION 5. SAFETY IN EMPLOYMENT [6300 – 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. )
PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 – 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. )

CHAPTER 4. Penalties [6423 – 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

Exact Statute Text

(a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any 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, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000).

(b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000).

(c) If the conviction is for a violation committed within seven years after a first conviction of the defendant for any crime involving a violation of subdivision (a), punishment shall be by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000).

(d) In determining the amount of fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require.

(e) As used in this section, “willfully” has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law.

(f) This section does not prohibit a prosecution under Section 192 of the Penal Code.

(Amended by Stats. 2011, Ch. 15, Sec. 222. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

Labor Code § 6425 Summary

Labor Code § 6425 establishes severe criminal penalties for employers and certain employees who willfully violate occupational safety or health standards, orders, special orders, or specific provisions of the Health and Safety Code (like H&S Code § 25910 relating to asbestos) if that violation results in an employee’s death or causes permanent or prolonged bodily impairment.

Specifically, it applies to:

• Any employer.
• Any employee with direction, management, control, or custody over employment, a place of employment, or other employees.

The penalties for a first offense include:

• Imprisonment in county jail for up to one year, or a fine up to $100,000, or both.
• Alternatively, imprisonment in state prison for 16 months, two, or three years, or a fine up to $250,000, or both.
• For corporate or limited liability company defendants, the fine can go up to $1,500,000.

The statute also outlines significantly enhanced penalties for repeat offenders:

• Second offense: If committed within seven years of certain prior Cal/OSHA convictions (under LC § 6423 or LC § 6430), state prison time (16 months, two, or three years) or a fine up to $250,000, or both. For corporations/LLCs, the fine must be between $500,000 and $2,500,000.
• Third offense (or second under subdivision (a)): If committed within seven years of a prior conviction under subdivision (a) of this section, state prison time (two, three, or four years) or a fine up to $250,000, or both. For corporations/LLCs, the fine must be between $1,000,000 and $3,500,000.

When determining fines, courts must consider all relevant factors, including the nature and gravity of the violation, the defendant’s prior violation history, and their ability to pay. The term “willfully” is defined according to Penal Code § 7, meaning a purpose or willingness to commit the act, or to omit the act, but not necessarily an intent to injure. Importantly, this section does not prevent prosecutors from also pursuing charges under Penal Code § 192 (manslaughter).

Purpose of Labor Code § 6425

The primary purpose of Labor Code § 6425 is to deter employers and responsible employees from willfully disregarding occupational safety and health regulations, especially when such disregard leads to tragic and severe consequences like an employee’s death or permanent injury. This statute serves as a powerful legal tool to hold accountable those who knowingly prioritize profits or convenience over the lives and well-being of their workforce. By imposing significant criminal penalties, including substantial fines and potential imprisonment, the legislature aims to underscore the gravity of these violations and to ensure that California workplaces are as safe as possible. It addresses the critical problem of egregious safety negligence that transcends administrative penalties and warrants criminal prosecution, thereby promoting a culture of safety compliance and protecting the state’s workers from preventable harm.

Real-World Example of Labor Code § 6425

Imagine a construction company, “BuildFast Inc.,” is under pressure to complete a high-rise project ahead of schedule. Despite repeated warnings from a site supervisor that a specific scaffold is unstable and does not meet Cal/OSHA safety standards, the company’s project manager, Mr. Smith, knowingly orders workers to continue using it to avoid delays. Mr. Smith, acting with “willful” disregard for the safety standard, believes he can save time and money. One day, the unstable scaffold collapses, causing an employee to fall several stories to their death.

In this scenario:

• Who: “BuildFast Inc.” (employer) and Mr. Smith (employee with direction/management).
• What: They willfully violated an occupational safety standard (scaffold stability).
• Result: The violation caused the death of an employee.

Under Labor Code § 6425, both BuildFast Inc. and Mr. Smith could face criminal charges. Mr. Smith might face imprisonment in county or state prison and a substantial fine. BuildFast Inc. could be fined up to $1,500,000 for this first offense. This criminal prosecution under Labor Code § 6425 would run parallel to any civil personal injury or wrongful death lawsuit filed by the deceased employee’s family, as well as Cal/OSHA’s administrative penalties.

Related Statutes

• Labor Code § 6423 (Criminal Penalties for Misdemeanor Violations): This section outlines misdemeanor penalties for other willful violations that aren’t as severe as those causing death or permanent injury, or for knowingly violating safety standards that create a substantial probability of death or serious physical harm. It is directly referenced in LC § 6425(b) for enhanced repeat offender penalties.
• Labor Code § 6430 (Serious Violations): This section defines what constitutes a “serious violation” in the context of Cal/OSHA and sets forth civil penalties. It is also referenced in LC § 6425(b) for enhanced repeat offender penalties, indicating that a history of serious civil violations can escalate criminal penalties under LC § 6425.
• Health and Safety Code § 25910 (Asbestos Violations): This specific section makes it unlawful to conduct various activities involving asbestos-containing materials without following prescribed safety procedures. Its inclusion in LC § 6425 highlights the legislature’s particular concern for willful violations related to hazardous materials that can cause severe health consequences.
• Penal Code § 7 (Definition of “Willfully”): This foundational Penal Code section provides the legal definition of “willfully” as applied in California criminal law. Labor Code § 6425(e) explicitly adopts this definition, meaning a willful act is one done with a purpose or willingness to commit the act, or to omit the act, but does not require an intent to violate law or injure another.
• Penal Code § 192 (Manslaughter): Labor Code § 6425(f) clarifies that this section does not prohibit prosecution under Penal Code § 192, which defines various forms of manslaughter (e.g., involuntary manslaughter). This means that a willful Cal/OSHA violation causing death could potentially lead to charges under both statutes, reflecting the gravity of the conduct.
• Penal Code § 1170(h) (Felony Sentencing): Referenced in LC § 6425(c), this section governs felony sentencing in California, specifically outlining the imprisonment terms and conditions, often allowing for imprisonment in county jail for certain felony offenses rather than state prison, following California’s realignment initiative.

Case Law Interpreting Labor Code § 6425

Direct published appellate case law deeply interpreting the specific nuances of Labor Code § 6425’s elements for criminal prosecution is relatively scarce compared to civil or administrative Cal/OSHA cases. However, courts have addressed corporate criminal liability under Cal/OSHA and referenced this section.

One notable case is *People v. Gentry* (2007) 149 Cal.App.4th 608, which discusses the application of Cal/OSHA statutes in criminal proceedings. Although *Gentry* itself involved other Labor Code sections, it references and builds upon principles established in cases like *People v. Chevron U.S.A., Inc.* (2002) 99 Cal.App.4th 502, which dealt with corporate criminal liability for workplace safety violations causing death, and impliedly touches upon the framework within which Labor Code § 6425 would operate for corporations.

While *People v. Chevron U.S.A., Inc.* predates some amendments to LC § 6425 and focused on other Cal/OSHA provisions, its discussion of willful violations causing death by a corporation sets an important precedent for the type of conduct that Labor Code § 6425 addresses:

• People v. Chevron U.S.A., Inc.

Why Labor Code § 6425 Matters in Personal Injury Litigation

Labor Code § 6425 plays a crucial, albeit indirect, role in California personal injury litigation, particularly in cases involving workplace accidents that result in severe injury or death. While personal injury lawsuits are civil actions focused on financial compensation for harm, a criminal conviction under LC § 6425 against an employer or responsible employee can significantly impact the civil case:

1. Evidence of Negligence Per Se: A willful violation of a safety statute, especially one resulting in death or serious injury, can be powerful evidence of negligence per se in a civil case. If a jury finds that the defendant violated LC § 6425, and that violation caused the plaintiff’s injuries, it can establish the defendant’s negligence as a matter of law, shifting the focus to causation and damages.
2. Gross Negligence or Willful Misconduct: A conviction under LC § 6425 demonstrates a level of culpability that goes beyond ordinary negligence, often indicating gross negligence or even willful misconduct. This can strengthen a plaintiff’s ability to seek punitive damages, which are designed to punish the defendant and deter similar conduct, not just compensate for losses.
3. Settlement Leverage: The threat or existence of criminal charges and potential conviction under LC § 6425 can significantly increase an employer’s motivation to settle a civil personal injury claim. Facing both criminal prosecution and a civil lawsuit, with the accompanying negative publicity and potential for substantial penalties in both arenas, can make settlement a more appealing option for defendants.
4. Jury Perception: For jurors, evidence of a criminal conviction for a willful safety violation causing harm can be extremely persuasive. It underscores the defendant’s disregard for safety and the severity of their actions, potentially leading to higher damage awards for the plaintiff.
5. Establishing Causation: While the criminal case requires proof beyond a reasonable doubt, the findings can help establish a factual basis for causation in the civil case, demonstrating a direct link between the willful safety violation and the employee’s injuries or death.

For personal injury attorneys representing injured workers or their families, understanding Labor Code § 6425 is vital. It informs the investigation process, helps identify potential targets for both civil and criminal actions, and provides a framework for demonstrating egregious employer misconduct in civil litigation. It reinforces that California law takes workplace safety violations seriously, holding those responsible to account through both civil and criminal justice systems.