Cal/OSHA for decades has been held up as a model for states (21 and Puerto Rico) that run their own OSHA programs. It has been ahead of federal OSHA in issuing high-impact standards on heat illness prevention, ergonomics, airborne infectious diseases and workplace violence.

But as Jordan Barab points out in his Confined Space newsletter, standards only have a positive impact if they are enforced. And Cal/OSHA enforcement in 2026 is something of a paper tiger – or more specifically, an investigation by mail. More than eight out of ten (82%) worker complaints were responded to with a letter investigation in California’s fiscal year 2023-24, according to a report by the California State Auditor. Less than one in five (17%) resulted in an on-site inspection.

A letter investigation involves Cal/OSHA notifying an employer by mail to self-inspect complaint- or accident-related issues and report their conclusions back to the agency.

These findings have been brought to light by former Cal/OSHA inspector and special assistant to the chief of Cal/OSHA Garrett Brown. His analysis of the state auditor’s report, which was published in the Confined Space newsletter, includes the following:

• 58% of employer accident reports, including those with injuries, were responded to with a letter investigation.
• 42% of employer accident reports resulted in an on-site inspection
• 60% of Cal/OSHA enforcement actions are handled by letter investigations
• On-site inspections account for less than 50% of Cal/OSHA enforcement actions – compared to 75% of enforcement actions involving on-site visits in fiscal year 1995. Investigation by letter accounted for 25% of enforcement in 1995.
• 13% of workers complaints were invalidated

For fiscal year 2024, Cal/OSHA enforcement activity totaled 15,780 complaints, accident reports, programmed referrals and follow-up inspections. Almost 60% (59.7%) were handled by letters and 40.3% had inspectors visiting work sites, according to data released by California’s Department of Industrial Relations.

Cal/OSHA enforcement is also less aggressive, as measured by the number of citations issued. Brown compared the first three quarters of 2025 to the same period in 2024 and found:

• Agriculture citations decreased 14%;
• Construction citations decreased 25%
• Waste management citations decreased 28%
• Manufacturing citations decreased 37%
• Transportation and warehousing citations decreased 50%
• Health care and social assistance citations decreased 53%

According to Brown, the drop in citations issued means a commensurate drop in civil penalties assessed, undermining the deterrent impact of Cal/OSHA’s enforcement efforts.  

Reduced spending on enforcement and a shortage of inspectors loom large behind how Cal/OSHA handles enforcement. Its enforcement budget for the current fiscal year 2025-2026 was cut by $16 million. Governor Gavin Newsome proposed a $21 million enforcement budget cut and the California Democratic legislature approved the $16 million reduction.

Newsome, a Democrat, is widely seen as a potential presidential candidate in 2028.

Under-staffing plagues Cal/OSHA’s enforcement efforts. A 2020 report by a consulting firm recommended that 328 inspectors were needed to effectively execute the agency’s work, according to Brown. In January 2026, Cal/OSHA had 288 inspectors.

The latest available data on Cal/OSHA field compliance inspector vacancies – as of January 31, 2026 – shows that there are 95 vacant inspector positions for a vacancy rate of 35%, according to Brown’s analysis.   

Nine compliance offices have inspector vacancies of 50% or greater, four district offices have no manager, and three offices have no clerical staff, according to his analysis.

There are only two industrial hygienists among the 193 filled district office CSHO (compliance safety and health officer) positions, according to Brown’s analysis. Inspections involving health risks such as heat, infectious diseases, wildfire smoke, airborne lead and silica exposures, noise, and ergonomics “are severely limited by lack of qualified personnel,” writes Brown in a recent email sent to his network of colleagues including ISHN.  

Writes Brown: “Chronic CSHO vacancies have generated tremendous pressure on District Managers and CSHOs themselves to ‘open and close, open and close, open and close’ as many perfunctory inspections as possible to keep up with the steady incoming flow of worker complaints and employer accident reports.

Under-staffing means heavier workloads for inspectors and “results in significant retention problem. I have heard reports that some new hires have left the agency within 6 to 9 months of being hired because of the punishing workload and insufficient training and support, Brown writes.

“California has the reputation of having the most protective workplace health and safety regulations in the nation, but if Cal/OSHA cannot meet either its legal mandates or its mission, then California’s bragging rights are meaningless,” says Brown in the Confined Space article.