Cal/OSHA vs Federal OSHA: What's Different and What It Means for California Employers (2026)

Every employer who moves operations from another state to California learns the same lesson quickly: what passed inspection in Texas or Ohio doesn’t pass Cal/OSHA inspection. The regulatory standard is genuinely higher, in several areas where it matters, and the gaps aren’t minor.

This isn’t about California being difficult for its own sake. California has adopted standards that the federal program either hasn’t addressed or addressed inadequately. Heat illness prevention. A written safety program requirement for every employer. Ergonomics rules that federal OSHA repealed before they ever took effect. If you’re operating in California, you need to understand what you’re actually required to do.

How the State Plan System Works

Section 18 of the OSH Act allows states to run their own occupational safety and health programs, provided those programs are “at least as effective as” the federal program. States that do this are called state plan states. As of 2026, 22 states plus Puerto Rico, the Virgin Islands, and several other territories operate approved state plans.

California’s plan, administered by the California Division of Occupational Safety and Health under the Department of Industrial Relations, covers private sector employers and state and local government employees in California. Federal OSHA does not inspect California workplaces, except for federal agency operations. If a Cal/OSHA inspector shows up at your facility, they work for the state, not for federal OSHA. Those are different agencies with different standards and different penalty structures.

The “at least as effective” floor means California must adopt federal standards when they’re issued or demonstrate that its own standards provide equivalent protection. But California can go further. And it regularly does.

The regulations themselves live in Title 8 of the California Code of Regulations, available at dir.ca.gov/title8. The federal OSHA standards are in Title 29 of the Code of Federal Regulations. When operating in California, Title 8 is the one that governs.

The IIPP: California’s Biggest Difference for Most Employers

The single most important Cal/OSHA requirement that has no federal equivalent is the Injury and Illness Prevention Program, required under Title 8 CCR Section 3203.

Every California employer must establish, implement, and maintain a written IIPP. There are no size exemptions. A two-person landscaping company is subject to the same requirement as a 5,000-employee distribution center. The required elements are specific.

The written program must include: a person responsible for the program by name or title, a system for identifying and evaluating workplace hazards, procedures for investigating occupational injuries and illnesses, a method for correcting unsafe conditions and practices, a communication system for employees to report hazards and receive safety information, a training and instruction program, and recordkeeping of hazard assessments and corrections.

When a Cal/OSHA inspector arrives for an inspection, the IIPP is typically one of the first things they ask for. A missing or incomplete IIPP is citable on its own, independent of any specific hazard or injury that triggered the inspection. The IIPP citation is also used to demonstrate that an employer had systemic safety management failures, which can affect how other violations are classified.

If you’re new to California operations, the IIPP is where you start. Write it before you tackle anything else. Cal/OSHA provides sample IIPP templates on its website that you can adapt for your workplace.

Heat Illness Prevention

California’s heat illness prevention standard predates any federal standard and is more detailed than anything federal OSHA has proposed. The outdoor standard, Title 8 CCR 3395, has been in effect since 2005. Federal OSHA proposed a heat standard in 2024 but had not finalized it as of early 2026. California employers have been complying with specific, enforceable requirements for years.

The outdoor heat illness standard applies when the temperature equals or exceeds 80 degrees Fahrenheit. Requirements include fresh water (one quart per worker per hour), access to shade at all times (not just during breaks), rest periods in shade when any worker requests it, an acclimatization procedure for new workers and returning workers after a prolonged absence, and emergency response procedures in the written program.

High-heat procedures kick in at 95 degrees Fahrenheit. These include mandatory preventive cool-down rest periods of no less than 10 minutes every two hours, close supervisor observation of employees for signs of heat illness, and specific communication protocols.

California also extended heat illness rules to certain indoor workplaces under Title 8 CCR 3396, covering industries where indoor temperatures regularly reach high levels, including agricultural processing, restaurants, and certain manufacturing environments. The indoor standard has been the subject of ongoing regulatory activity. Check the current version at dir.ca.gov for the latest requirements.

For employers who came from states without a heat standard, the acclimatization requirement alone is often a surprise. You can’t simply assign a new worker to outdoor physical labor in August without a structured acclimatization process. That’s a citable violation.

Ergonomics

California has a specific ergonomics regulation that federal OSHA does not. Title 8 CCR 5110 covers repetitive motion injuries and applies when two or more employees performing the same job have experienced musculoskeletal injuries from the same repetitive motion tasks within a 12-month period.

When the standard is triggered, the employer must conduct a worksite evaluation identifying the repetitive motion tasks and the risk factors associated with them. The employer then must implement control measures to minimize the identified risk factors, which can be engineering controls, administrative controls, or work practice controls. Training for affected employees is also required.

See the workplace ergonomics guide for background on how to identify the six MSD risk factors and what the hierarchy of controls looks like in practice. The Cal/OSHA ergonomics standard creates an enforcement hook that the federal General Duty Clause approach doesn’t provide in the same way.

The practical effect: if you have two workers in the same job category with repetitive motion injuries in the past year, you have a regulatory obligation to address the underlying tasks. Document the evaluation, the controls you implemented, and the training you provided.

Chemical Exposure Limits

Federal OSHA’s permissible exposure limits (PELs) for many hazardous substances haven’t been updated since they were adopted from industry consensus standards in 1971. NIOSH and the American Conference of Governmental Industrial Hygienists (ACGIH) have published more protective recommended and threshold limit values for decades, but federal OSHA has been unable to update its PELs through the rulemaking process.

California updates its occupational exposure limits independently and more frequently. The California OELs (called the Permissible Exposure Limits in California) for lead are lower than the federal standard. The asbestos standard is more stringent. California also has limits on substances where federal OSHA has no standard at all.

If you’re running an industrial hygiene program that was calibrated to federal OSHA PELs, check each substance against the California OELs in Title 8. They won’t always match. The California OEL database is searchable on the DIR website.

Enforcement Differences

Cal/OSHA conducts inspections, and employers in California should expect the frequency and depth of those inspections to be meaningful. California’s Division of Occupational Safety and Health has a larger inspection presence relative to the covered workforce than many state OSHA programs.

California has stronger anti-retaliation protections for workers who report safety concerns. This increases the likelihood that safety violations get reported to the agency rather than staying internal.

Penalty amounts at Cal/OSHA can exceed federal OSHA maximums. California adjusts its penalty schedule independently, and serious violation maximums have been higher than the federal cap in recent years. Willful or repeat serious violations carry significantly higher maximums. Always check the current penalty amounts at dir.ca.gov/dosh because they are adjusted and shouldn’t be quoted as fixed numbers. For a comparison with federal penalty structures, see the OSHA fines and penalties guide.

The appeals process in California goes through the Occupational Safety and Health Appeals Board (OSHAB). Informal settlement conferences are available, similar to the federal process. California typically expects documented abatement as part of any settlement.

What This Means if You’re New to California Safety

If you’ve come from another state and you’re now managing safety in California, your existing program is a starting point, not a template.

The first things to check: does a written IIPP exist and is it current. Does it cover all seven required elements. Is the responsible person listed. Are hazard assessment records up to date. Do you have a written heat illness prevention program if you have outdoor workers or indoor high-heat exposures. Is your acclimatization procedure written and communicated to supervisors.

For the first 90 days in a California safety role, the IIPP, heat illness program, and training documentation are the three areas that will expose the most compliance gaps most quickly.

Review your chemical inventory against California OELs, not just federal PELs. Check your training documentation. California’s training requirements are often more specific than the federal versions on timing, content, and documentation. The employer safety training requirements guide covers what records you need.

Other State Plans Worth Knowing

California is the highest-profile state plan, but it’s not the only one with standards that go beyond the federal floor. Washington State’s Department of Labor and Industries (L&I) has its own ergonomics rule. Michigan MIOSHA has standards that differ from the federal versions. Oregon OSHA and Washington L&I are both known for active enforcement programs.

If your operations span multiple states, don’t assume that what you built for California meets federal OSHA. And don’t assume that a federal-compliant program satisfies Cal/OSHA. The two programs have the same floor but different ceilings, and California’s ceiling is higher on the requirements that matter most.

The IIPP is the foundation. If you’re operating in California and you can’t hand an inspector a current written IIPP within 10 minutes of being asked, you’re already in violation.