At Employees First Labor Law, we fight for workers every day—especially when the very agencies meant to protect them fall short. A scathing 2025 report by the California State Auditor reveals that Cal/OSHA is failing to perform on-site inspections in thousands of serious workplace injury cases.
These failures have left dangerous conditions unaddressed, allowed employers to self-police without oversight, and sent a message to California workers: your safety is optional.
What the Audit Found: A System Failing Workers
The California State Auditor’s Report No. 2024-115 paints a damning picture of Cal/OSHA’s performance:
1. Minimal Inspections Even After Injury
- In FY 2022–23, Cal/OSHA received:
- 12,000+ valid complaints from workers.
- But only 17% (approx. 2,000) resulted in an on-site inspection.
- The other 83% were handled through “letter investigations,” where employers investigate themselves.
- Over 5,800 workplace accidents were reported.
- Yet only 2,400 (42%) were classified as “serious” and prompted in-person inspections.
- This means more than 3,300 incidents involving injury received no on-site follow-up.
2. Violations of Inspection Policies
In at least 9 audited cases, Cal/OSHA ignored its own rules and failed to inspect:
- One case involved a worker hospitalized after heat stroke.
- Another involved a worker suffering facial fractures and permanent injury.
- In both, Cal/OSHA chose a letter investigation and never confirmed that hazards were corrected.
In follow-up interviews, Cal/OSHA district managers admitted that inspections were required but never conducted.
How “Letter Investigations” Undermine Worker Safety
Cal/OSHA uses letter investigations to avoid dispatching inspectors. Here’s how it works:
- A complaint is received.
- Cal/OSHA sends a letter to the employer requesting an internal investigation.
- The employer reports back with its findings.
- Cal/OSHA may accept the response without speaking to workers or visiting the site.
The Auditor found no evidence that Cal/OSHA verified compliance in most cases closed through this method. In many instances, the employer never even responded, and the case was closed anyway.
Understaffed and Overwhelmed
The audit confirmed that Cal/OSHA’s failures stem in large part from a staffing crisis:
- 33% of inspector and support positions were vacant during the audit period.
- District offices reported an inability to meet minimum inspection demands.
- In interviews, multiple managers admitted they chose letter investigations because they simply didn’t have the staff to inspect in person.
One former inspector told CalMatters that she often had 20 open investigations at a time, including fatalities. “The system is overwhelmed,” she said. “And the decisions being made are reactive, not preventative.”
Consequences: A Culture of Employer Non-Compliance
Without inspection, employers face little risk of penalties and no incentive to fix dangerous conditions. The audit found:
- Cal/OSHA often failed to verify that employers corrected violations before closing cases.
- In some cases, Cal/OSHA issued citations months later, only after media coverage or further complaints.
- The agency does not track whether employers who fail to respond to letter investigations are later inspected or fined.
What This Means for Workers
If you’re a worker who’s been injured—or if you’ve witnessed unsafe conditions—you cannot rely on Cal/OSHA alone.
You still have legal rights:
- Workers’ compensation benefits
- Protection against retaliation
- Potential civil claims for unsafe work environments
At EFLL, we’ve helped hundreds of workers hold employers accountable when public systems failed them.
What You Can Do
1. Report your injury
Even if Cal/OSHA doesn’t act, reporting the incident creates a record.
👉 File a complaint with Cal/OSHA
2. Document everything
- Take photos of the hazard
- Keep copies of any employer communications
- Write down names of witnesses
3. Call EFLL
If you were injured and your employer or Cal/OSHA ignored it, you may be entitled to compensation, accommodations, or reinstatement. Let us help.
💬 EFLL’s Perspective
“We’ve had clients suffer life-changing injuries while Cal/OSHA didn’t have resources to thoroughly investigate,” says Jonathan LaCour, founding attorney of EFLL. “Too often, the agency relies on the honor system. But unsafe employers don’t fix problems out of goodwill—they fix them when the law forces them to.”
📞 Free Consultation for Injured Workers
Were you injured at work and left without answers?
Cal/OSHA may not step in—but we will. Contact Employees First Labor Law for a free case evaluation.
We’re Ready to Help
