Did you miss the deadline?
Tuesday, January 03, 2006
We've had several questions from employers who want to know the consequences of missing the December 31, 2005, deadline for completing their initial AB 1825 training. Some companies emphasize their "good faith" efforts, and often mention supervisors who are "out on workers' comp" or "absent on pregnancy leave," etc.
Unfortunately, we're not aware of any "good faith effort" excuse for non-compliance under AB 1825. Companies have had at least six months (since July 1, 2005) to train supervisors by the 2005 deadline, and we don't believe attempts during the final days and weeks will provide a defense. However, there's no automatic penalty for violating AB 1825 either.
Basically, it's as if you're driving a car without a license and without registration. If you're not pulled over, and if you don't get in an accident, there's likely to be no problem. However, if you are inspected or investigated by law enforcement, or if anyone complains or sues, you're out-of-compliance and in violation of the law.
You don't want to hit a pedestrian without having a license in an unregistered car. You also don't want to be caught in non-compliance with AB 1825. A failure to comply can lead to increased liability, bad publicity, and possibly punitive damages.
So, there's no direct penalty for missing the deadline, but only unacceptable (and potentially disastrous) consequences.
Unfortunately, we're not aware of any "good faith effort" excuse for non-compliance under AB 1825. Companies have had at least six months (since July 1, 2005) to train supervisors by the 2005 deadline, and we don't believe attempts during the final days and weeks will provide a defense. However, there's no automatic penalty for violating AB 1825 either.
Basically, it's as if you're driving a car without a license and without registration. If you're not pulled over, and if you don't get in an accident, there's likely to be no problem. However, if you are inspected or investigated by law enforcement, or if anyone complains or sues, you're out-of-compliance and in violation of the law.
You don't want to hit a pedestrian without having a license in an unregistered car. You also don't want to be caught in non-compliance with AB 1825. A failure to comply can lead to increased liability, bad publicity, and possibly punitive damages.
So, there's no direct penalty for missing the deadline, but only unacceptable (and potentially disastrous) consequences.
