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State: Calif.
CAAA: Major Corruption Engulfs Cal/OSHA: [2024-08-20]
 

Cal/OSHA, the California agency responsible for enforcing workplace standards, has faced significant challenges with corruption within its ranks.

In 2018, Richard Fazlollahi, a district manager for Cal/OSHA's Santa Ana office, was arrested and later convicted for his role in a bribery scheme. Documents and interviews from the Sacramento Bee reveal that Fazlollahi coerced employers into hiring employment attorney Noushin Dehnadi with promises of eliminating fines and citations during informal conferences. In return, Dehnadi paid Fazlollahi thousands of dollars in cash kickbacks.

This scheme allowed both Dehnadi and Fazlollahi to profit while undermining workplace safety enforcement, leading to reduced penalties for serious violations, including cases of grievous injuries and fatalities. Despite this, Fazlollahi continued to receive substantial compensation from the agency for over a year after his arrest.

The extent of this corruption and the agency's delayed response raises serious concerns about the integrity of Cal/OSHA. Following Fazlollahi's arrest, Cal/OSHA pledged to adopt a no-tolerance stance against malfeasance. However, the agency's actions contradicted this stance when it hired Jason Okonkwo, another individual awaiting trial for corruption-related charges, as a safety inspector in the same Santa Ana district office.

The controversy surrounding Okonkwo's hiring highlights deeper issues within Cal/OSHA, including understaffing and a leadership culture that some former officials described as extremely tolerant of unethical behavior and emblematic of broader issues within the agency.

Former Cal/OSHA chief Ellen Widess pointed out that the problems in Santa Ana reflected a larger failure in leadership. She cited incidents where Cal/OSHA employees allegedly tipped off employers about inspections, allowing them to hide dangerous conditions. This lack of accountability has prompted an audit by the State Auditor, initiated by Assembly Labor Committee Chairperson Liz Ortega, to examine the agency's inspection and citation processes.

The audit's findings could play a significant role in the upcoming Senate confirmation hearings for Debra Lee, who was appointed by Gov. Gavin Newsom as the new head of Cal/OSHA. The hearings, which will be crucial in determining the agency's future direction and leadership, will likely focus on Cal/OSHA's response to corruption and its treatment of whistleblowers who raised concerns about unethical practices.

Cal/OSHA's mishandling of the Fazlollahi and Okonkwo cases has exposed systemic flaws within the agency, particularly in its enforcement division. Okonkwo's hiring, despite his criminal background, further undermined the agency's credibility. These issues have sparked criticism from both inside and outside the agency, with calls for greater integrity, accountability and transparency in Cal/OSHA's operations. 

This opinion by the California Applicants' Attorneys Association communications team is republished with permission from the CAAA website.