(a)Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.
(b)On multiemployer worksites, both construction and nonconstruction, citations may be issued only to the following categories of employers when the division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the division:
(1)The employer whose
employees were exposed to the hazard (the exposing employer).
(2)The employer who actually created the hazard (the creating employer).
(3)The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite, which is the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer).
(4)The employer who had the responsibility for actually correcting the hazard (the correcting employer).
The employers listed in paragraphs (2) to (4), inclusive, of this subdivision may be cited regardless of whether their own employees were exposed to the hazard.
(c)It is the intent of the Legislature, in adding subdivision
(b) to this section, to codify existing regulations with respect to the responsibility of employers at multiemployer worksites. Subdivision (b) of this section is declaratory of existing law and shall not be construed or interpreted as creating a new law or as modifying or changing an existing law.
Notes of Decisions
Cited in
55
cases (
18 in the last 5 years), 1947–2026 · leading case:
Elsner v. Uveges, 102 P.3d 915 (Cal. 2004).
Elsner v. Uveges, 102 P.3d 915 (Cal. 2004).
“(Lab. Code, §§ 6400, 6401, 6403, 7151; Cal.”
Semore v. Pool, 5 I.E.R. Cas. (BNA) 129 (Cal. Ct. App. 1990).
· cites it 2× “Secondly, defendants contend that even if a privacy interest is involved, the minimal intrusiveness on plaintiff's privacy is far outweighed by the employer's need to assure the efficient and safe operation of the workplace.”
Elder v. Pac. Tel. & Tel. Co., 42 Cal. Comp. Cases 1090 (Cal. Ct. App. 1977).
· cites it 2× “The Statutory Duty to Provide a Safe Place to Work Labor Code sections 6400, 6401 and 6402 5 impose both general and specific duties upon an “employer” to provide a safe place to work for *663 his employees.”
Waste Mgmt. Inc. v. Superior Court, 2004 Cal. Daily Op. Serv. 4719 (Cal. Ct. App. 2004).
· cites it 2× “) Although the relationship of parent and subsidiary does not by itself give rise to any duty on the part of the parent to the subsidiary's employees, the parent may owe a duty arising out of obligations independent of the parent-subsidiary relationship.”
Day v. Sears Holdings Corp., 930 F. Supp. 2d 1146 (C.D. Cal. 2013).
“Finally, Labor Code § 6303 defines “place of employment” as “any place, and the premises appurtenant thereto, where employment is carried on.” Grant’s and Calderwood’s purported drunk driving did not occur at Day’s place of employment; rather, it was off-site.”
Franklin v. the Monadnock Co., 2007 Cal. Daily Op. Serv. 5907 (Cal. Ct. App. 2007).
· cites it 2× “) Labor Code section 6400 et seq. and Code of Civil Procedure section 527.”
Ruiz v. Herman Weissker, Inc., 70 Cal. Comp. Cases 826 (Cal. Ct. App. 2005).
“) In accordance with these cases, Labor Code section 6400 does not establish that HWI had a nondelegable duty to protect Ruiz from his employer’s negligence.”
California Corr. Supervisors Org., Inc. v. Dep't of Corr., 2002 Cal. Daily Op. Serv. 2065 (Cal. Ct. App. 2002).
“” (Lab. Code, § 6400, subd. (a).) “Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful.”
Burnette v. Godshall, 828 F. Supp. 1439 (N.D. Cal. 1993).
“Second, as Defendants point out and Plaintiff later concedes, Labor Code section 6400 relates to the physical conditions of the workplace (i.”
Madden v. Summit View, Inc., 165 Cal. App. 4th 1267 (Cal. Ct. App. 2008).
“3d 641 ] (Ruiz) [Lab. Code, § 6400 does not establish nondelegable safety duty by independent contractor to employees of subcontractor].”
City of Palo Alto v. Serv. Employees Int'l Union, 2000 Cal. Daily Op. Serv. 28 (Cal. Ct. App. 1999).
“Labor Code section 6400 provides: “Every employer shall furnish employment and a place of employment which are safe and healthful for the employees therein.”
— Cal. Labor Code § 6400(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.