Quick Take
- A recent District Attorney release addressed carbon dioxide training and reporting gaps at restaurant locations across California.
- CO₂ systems are common in restaurants and subject to specific training and disclosure requirements.
- Safe handling is only part of compliance. Documentation carries equal weight.
- This is a good moment to review internal training and reporting practices.
On December 2, 2025, the Riverside County District Attorney announced a stipulated judgment resolving alleged violations of California’s Hazardous Materials Business Plan laws involving carbon dioxide systems at restaurant locations across the state. The case centered on training and reporting. Specifically, the complaint alleged that employees were not receiving required training in the safe handling of carbon dioxide and that training information was not accurately disclosed in required filings.
Carbon dioxide compliance matters for restaurants because CO₂ is widely used in operations and regulated under California law. The recent enforcement action did not create new requirements. It reinforced existing ones. For operators, the takeaway is practical: when hazardous materials are involved, regulators may review both day-to-day practice and supporting documentation.
What the Enforcement Action Covered
According to the District Attorney’s release, the settlement required payment of civil penalties and imposed injunctive terms requiring compliance with Chapter 6.95 of the California Health and Safety Code for five years. The allegations did not suggest that carbon dioxide systems are inherently unsafe. Rather, the issue was whether required employee training had occurred and whether disclosures accurately reflected training practices. Most restaurants use CO₂ for beverage systems. When properly installed, ventilated, and maintained, these systems are safe. The regulatory focus extends beyond equipment to whether employees are trained to recognize and respond to leaks and whether those efforts are properly documented and reported.
Carbon Dioxide Compliance in California Restaurants
In California, businesses that use hazardous materials may be required to maintain a Hazardous Materials Business Plan and to train employees in safe handling and emergency response procedures. Where applicable, those businesses must file certified, complete, and accurate reports with local regulators. For restaurants using carbon dioxide, compliance generally includes:
- Employee training on safe handling and leak detection
- Clear emergency procedures
- Accurate and current documentation of training
- Reporting that reflects actual practices
The legal framework is not new. What enforcement actions often reveal is not a lack of awareness, but a breakdown in follow-through.
Where Compliance Gaps Tend to Develop
In practice, compliance gaps rarely stem from intentional disregard. They tend to emerge gradually. Training is conducted during onboarding, but not refreshed. Managers change, and documentation practices shift. Reporting templates are reused without confirming that the content reflects current operations. Over time, operational reality and regulatory filings can diverge. From a regulator’s perspective, that divergence matters. If training is required, there must be evidence that it occurred. If disclosures are filed, they must accurately describe what is happening in the workplace. Periodic internal reviews help ensure that practice and paperwork remain aligned.
What Should Restaurants Review for Carbon Dioxide Compliance?
For restaurants using carbon dioxide systems, a measured review can reduce risk.
1. Confirm that employees working around CO₂ systems have received appropriate training in safe handling and leak detection. Where training occurred in the past, determine whether refresher sessions are warranted.
2. Review Hazardous Materials Business Plan filings, where applicable. Confirm that training disclosures are complete and accurate, and that documentation supports those disclosures.
3. Examine physical controls. Cylinders should be properly secured and ventilated. Emergency response procedures should be clear and accessible. Leak detection processes should be understood by staff.
4. Review the practical tools in our Resource Hub, including the Compressed Gases Self-Inspection Checklist, Hazard Communication Program overview, Chemical Spills guidance, and CO₂ caution poster.
These steps align with broader restaurant safety practices, many of which are addressed in our Risk Reduction Realities page. The goal is to maintain internal consistency between training, documentation, and reporting.
The recent enforcement action serves as a reminder that compliance extends beyond equipment and installation standards. It extends to training records and regulatory disclosures. For restaurant operators, the takeaway is practical. Ensure that training occurs where required. Ensure that documentation reflects reality. Review reporting periodically. Well-maintained systems and accurate records protect employees, support first responders, and strengthen operational stability.
Resources You Can Use Today
Review CRMBC’s Compressed Gas & Hazard Communication Resources in the Resource Hub.
Not yet a member?
Find out if your restaurant qualifies to join CRMBC and gain access to a workers’ compensation program built for California restaurants, along with practical compliance support across locations.
Kaya Stanley is an attorney, published author, business owner, and highly sought-after strategic turnaround expert. Ms. Stanley serves as CEO and Chairman of the Board for CRMBC, the largest restaurant workers’ compensation self-insured group in California, and she is the Licensee for TEDxReno, an independently organized TEDx Event.
Throughout her 22 years of practicing law, Ms. Stanley has served as outside counsel for Wal-Mart and Home Depot. She was voted one of the country’s “Top 25 OZ Attorneys” by Opportunity Zone Magazine and published a best-selling book called “The Employer’s Guide to Obamacare.” Before that, she earned her master’s degree in social work and public policy, after which she worked with at-risk girls in Detroit and lobbied for women and families.
