🔥 Cal/OSHA vs. Federal OSHA: What Every Contractor Needs to Know
California runs its own occupational safety and health program through the Division of Occupational Safety and Health (DOSH), commonly known as Cal/OSHA. It's not just a carbon copy of federal OSHA with a California sticker — it's a separate program with stricter standards, additional requirements, and higher penalties in many areas.
If you've been working under federal OSHA rules and you're entering the California market, this page covers every major difference that matters on a construction site.
When in doubt, assume Cal/OSHA is stricter. California's state plan must be "at least as effective" as federal OSHA, but in practice it goes further in almost every area that affects construction. If you comply with Cal/OSHA, you'll generally exceed federal requirements — but not the other way around.
The Big Picture
| Factor | Federal OSHA | Cal/OSHA |
|---|---|---|
| Authority | U.S. Department of Labor | California DIR / DOSH |
| Standards | 29 CFR 1926 (construction) | Title 8, California Code of Regulations |
| Coverage | Private sector workers nationwide | All workers in California (private AND public sector) |
| Public employees | Not covered by federal OSHA | Fully covered |
| Enforcement | Federal compliance officers | Cal/OSHA compliance officers |
| Appeals | OSHRC (federal) | Cal/OSHA Appeals Board |
| State plan status | N/A | Approved state plan — must be at least as effective as federal |
This is a major difference. Federal OSHA does not cover state and local government employees. Cal/OSHA does. If you're working on a public project with government workers on site, Cal/OSHA rules apply to everyone.
Injury and Illness Prevention Program (IIPP)
This is the single biggest compliance gap for out-of-state contractors entering California.
Federal OSHA
- No general requirement for a written safety program (though specific standards like HazCom require written elements)
- Recommended but not mandated across all industries
Cal/OSHA (Title 8, §3203)
- Every California employer must have a written IIPP — no exceptions for size or industry
- Must contain 8 mandatory elements
- Must be reviewed and updated annually
- Must be accessible to all employees
The 8 Required IIPP Elements
| # | Element | What It Means |
|---|---|---|
| 1 | Management commitment | Named person responsible for the program |
| 2 | Compliance system | How you ensure employees follow safety rules (training, discipline, recognition) |
| 3 | Communication | How safety information flows to and from employees (meetings, postings, anonymous reporting) |
| 4 | Hazard assessment | Regular inspections to identify hazards — scheduled and documented |
| 5 | Accident investigation | Procedure for investigating incidents and near-misses |
| 6 | Hazard correction | Timely correction of identified hazards with tracking |
| 7 | Training | Initial and ongoing safety training by topic and hazard |
| 8 | Recordkeeping | Documentation of inspections, training, investigations, and corrections |
Having a generic safety manual is not the same as having an IIPP. Cal/OSHA inspectors specifically look for the 8 elements and evidence that the program is actively implemented — not just a binder on a shelf. An IIPP violation is one of the most commonly cited standards in California.
Heat Illness Prevention
This is where California is miles ahead of federal OSHA, and it matters enormously on construction sites.
Federal OSHA
- No specific heat illness standard (as of 2026)
- Uses the General Duty Clause for heat-related enforcement
- Proposed rulemaking in progress but not yet final
- National Emphasis Program (NEP) for outdoor/indoor heat — but it's guidance, not a regulation
Cal/OSHA (Title 8, §3395)
- Mandatory written Heat Illness Prevention Plan for all outdoor work
- Specific temperature triggers with required actions
- Criminal penalties possible for heat-related deaths
California's Temperature-Based Requirements
| Temperature | Required Actions |
|---|---|
| All outdoor work | Access to fresh water (1 quart/hour/employee), shade available |
| 80°F and above | Activate full heat illness prevention procedures |
| 95°F and above ("High Heat") | Additional measures: buddy system, pre-shift meetings, regular observation, mandatory cool-down rests |
What the Written Plan Must Include
| Requirement | Details |
|---|---|
| Water | Fresh, pure, suitably cool — enough for 1 quart/hour/employee. Placed as close as practicable to work areas |
| Shade | Available when temps hit 80°F. Must accommodate all employees on rest/meal break. Open to all employees at any time |
| Cool-down rest | Employees must be allowed and encouraged to take preventive cool-down rests in the shade for at least 5 minutes whenever they feel the need |
| High-heat procedures | At 95°F+: buddy system, pre-shift meetings covering heat illness signs, designated person to call for emergency services |
| Emergency response | Clear procedures for contacting EMS, employee training on symptoms, supervisor training on response |
| Acclimatization | New employees and those returning from absence must be closely monitored for first 14 days |
| Training | All employees and supervisors — symptoms, prevention, emergency procedures |
Cal/OSHA's investigation data shows that a disproportionate number of heat deaths occur in the first few days on the job or after a return from time off. The acclimatization monitoring requirement exists because this pattern is well-documented in California enforcement data.
Permit-Required Work
Cal/OSHA requires permits for certain high-hazard construction activities that federal OSHA does not.
Federal OSHA
- No general permit requirement for construction activities
- Requires competent persons, written plans for specific hazards
Cal/OSHA Permits Required For
| Activity | Cal/OSHA Permit? | Federal OSHA Permit? |
|---|---|---|
| Building demolition | Yes — must notify Cal/OSHA | No |
| Trenching/excavation (5+ feet) | Yes — permit required | No (but requires competent person) |
| Scaffolding over 36 feet | Notification may be required | No |
| Construction of certain structures | Varies — check with local Cal/OSHA office | No |
| Carcinogen use | Yes — specific permit | Regulated but no permit |
| Asbestos-related work | Yes — notification and permit | Notification required |
| Tower crane erection | Yes — permit required | No |
| Mining/tunneling operations | Yes — specific permit | MSHA jurisdiction for mining |
How to Obtain a Cal/OSHA Permit
- Contact your local Cal/OSHA district office
- Submit the application (specific forms vary by permit type)
- Include your safety plan for the work
- Pay applicable fees
- Allow processing time (varies — start early)
- Keep the permit on site during work
Cal/OSHA permit processing can take weeks. Factor this into your project schedule. Starting permit-required work without a permit is a citable violation — and if an accident occurs during unpermitted work, penalties escalate significantly.
Penalties and Enforcement
Cal/OSHA penalties are generally higher than federal OSHA, and enforcement style tends to be more aggressive.
Penalty Comparison
| Violation Type | Federal OSHA (2026) | Cal/OSHA (2026) |
|---|---|---|
| Serious | Up to $16,131 | Up to $25,000 |
| Willful | Up to $161,323 | Up to $167,228 |
| Repeat | Up to $161,323 | Up to $167,228 |
| Regulatory (posting, etc.) | Up to $16,131 | Up to $16,131 |
| Failure to abate | $16,131/day | $15,000/day |
Key Enforcement Differences
| Factor | Federal OSHA | Cal/OSHA |
|---|---|---|
| Public employee coverage | No | Yes |
| Criminal prosecution | Only for willful violations causing death | Broader authority — can refer cases for serious or repeat violations |
| Bureau of Investigation | No dedicated unit | Cal/OSHA has a dedicated Bureau of Investigations for criminal cases |
| Response to complaints | Inspects or sends letter | Tends to inspect more frequently; worker complaints trigger rapid response |
| Fatality investigations | Investigates all workplace fatalities | Same — but Cal/OSHA investigates ALL serious injuries (hospitalization, amputation, eye loss) aggressively |
| Citation appeal timeline | 15 working days | 15 working days |
| Penalty adjustment factors | Size, good faith, history | Similar factors but different calculation methodology |
Construction-Specific Standards Where Cal/OSHA Is Stricter
Fall Protection
| Requirement | Federal OSHA | Cal/OSHA |
|---|---|---|
| General trigger height | 6 feet | 7.5 feet (general industry) / 6 feet (construction — similar) |
| Residential construction | Alternative measures available up to certain heights | Stricter enforcement of conventional fall protection |
| Scaffold guardrails | Required above 10 feet | Required above 7.5 feet in some configurations |
Excavation and Trenching
| Requirement | Federal OSHA | Cal/OSHA |
|---|---|---|
| Protective systems | Required at 5 feet | Required at 5 feet — but Cal/OSHA permit also required |
| Competent person | Required | Required — but Cal/OSHA defines competency more specifically |
| Soil classification | Required | Required — and Cal/OSHA inspectors are known for challenging classifications |
Crane Operations
| Requirement | Federal OSHA | Cal/OSHA |
|---|---|---|
| Operator certification | NCCCO or equivalent | NCCCO or equivalent — plus additional Cal/OSHA-specific requirements |
| Tower crane permits | No permit | Cal/OSHA permit required |
| Annual inspections | Required | Required — Cal/OSHA may require more frequent inspections |
| Proximity to power lines | Table A distances | Similar distances but stricter enforcement and additional notification requirements |
Confined Spaces in Construction
| Requirement | Federal OSHA | Cal/OSHA |
|---|---|---|
| Permit-required procedures | 29 CFR 1926 Subpart AA (2015) | Title 8, §5157 — California's standard predates and in some areas exceeds the federal standard |
| Rescue team requirements | Must be available | More prescriptive requirements for rescue capability |
Reporting Requirements
| Event | Federal OSHA | Cal/OSHA |
|---|---|---|
| Fatality | Report within 8 hours | Report immediately (as soon as practically possible) |
| Hospitalization | Report within 24 hours | Report immediately |
| Amputation | Report within 24 hours | Report immediately |
| Loss of eye | Report within 24 hours | Report immediately |
| Serious injury/illness | 24 hours | Immediately — Cal/OSHA's definition of "serious" is broader |
| How to report | OSHA hotline, online, or local office | Cal/OSHA local district office phone — must be verbal |
Federal OSHA gives you 8–24 hours. Cal/OSHA says immediately — meaning as soon as you become aware, you pick up the phone. The practical standard is within minutes to hours, not the next business day. Late reporting is itself a citable violation, and it can be used as evidence of bad faith in subsequent penalty calculations.
Programs California Requires That Federal OSHA Doesn't
| Program | Cal/OSHA Requirement | Federal Equivalent |
|---|---|---|
| IIPP | Written program with 8 elements, annual review | No equivalent requirement |
| Heat Illness Prevention Plan | Written plan, water/shade/rest, temperature triggers | No specific standard (General Duty Clause only) |
| Aerosol Transmissible Diseases (ATD) | Required for certain employers | No equivalent |
| Workplace Violence Prevention | SB 553 — written plan required for most employers (effective 2024) | No equivalent |
| COVID-19 Prevention (non-emergency) | Requirements integrated into IIPP | Federal emergency standard expired |
What Out-of-State Contractors Get Wrong
| Mistake | Why It Happens | How to Avoid |
|---|---|---|
| No IIPP | Not required in home state | Write one before mobilizing to California — Cal/OSHA has a model template |
| No Heat Illness Prevention Plan | Federal OSHA doesn't require one | Required for any outdoor work in California — write it, train on it, carry water and shade |
| Not reporting injuries immediately | Used to the 8/24-hour federal window | Report by phone to the local Cal/OSHA office immediately — don't wait |
| No Cal/OSHA permits | Federal OSHA doesn't require permits for demolition/trenching | Check permit requirements before starting high-hazard work |
| Using federal penalty expectations | Assume federal fine levels | Cal/OSHA serious violation max is $25,000 vs. federal $16,131 |
| Ignoring public employee coverage | Federal OSHA doesn't cover public workers | Cal/OSHA covers everyone on a California worksite |
| No workplace violence plan | SB 553 is new and California-specific | Required for most employers since July 2024 |
Cal/OSHA District Offices (Bay Area)
| Office | Jurisdiction | Phone |
|---|---|---|
| San Jose | Santa Clara County, San Benito County | (408) 277-1221 |
| Oakland | Alameda County, Contra Costa County | (510) 622-2916 |
| San Francisco | San Francisco County, San Mateo County, Marin County | (415) 972-8670 |
| Fremont | Southern Alameda County | (510) 794-2521 |
Related Resources
- California Compliance Hub — Overview of all California requirements
- CSLB License Requirements — Contractor licensing in California
- OSHA Penalty Reference — Federal penalty amounts and citation types
- Safety Compliance Guide — General OSHA compliance overview
- Heat Illness Prevention — Detailed heat illness program guide
- OSHA Inspection Checklist — Prepare for an inspection
- OSHA Inspection Response Playbook — Step-by-step response process
Cal/OSHA standards change. Verify current requirements at dir.ca.gov/dosh. Last reviewed: February 2026.