Total Articles: 40
Ogletree Deakins • November 03, 2019
In this episode of our Workplace Safety in California series, Kevin Bland and Karen Tynan discuss how California safety regulations are enacted. Kevin and Karen explain the rulemaking process, including how potential regulations are introduced, the benefits of participating in the review and commentary process, how long it takes to enact a regulation, and when businesses can obtain variances.
Jackson Lewis P.C. • August 22, 2019
On June 27, 2019, California Governor Newsom approved Senate Bill 83. This budget bill contained a provision setting a September 30, 2020 deadline for Cal/OSHA to adopt a revised lead exposure standard. The bill requires Cal/OSHA to “revise the lead standards for purposes of general industry safety orders and construction safety orders, consistent with scientific research and findings.”
Ogletree Deakins • August 12, 2019
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss serious accidents and fatalities in the workplace. Topics include how Cal/OSHA defines “serious injury,” key reporting requirements, best practices for handling inspections and evidence, and top risks and exposure.
Ogletree Deakins • July 16, 2019
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and defending against citations, key procedural and timing requirements, and how to appeal citations.
Jackson Lewis P.C. • June 02, 2019
After receiving over 40 public comments and holding a public meeting on its proposed wildfire smoke emergency regulation, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”), has eased some requirements of the proposed rule. (If you would like more information on the proposed regulation, you can check out this previous OSHA Law Blog post). Yet, much of the rule has remained the same.
Littler Mendelson, P.C. • April 25, 2019
In response to the dangerous levels of air quality last fall after the wildfires in Northern and Southern California, the California Division of Occupational Safety and Health (Cal/OSHA) has issued a proposed regulation addressing hazardous wildfire smoke exposure.
Jackson Lewis P.C. • April 22, 2019
In the wake of the most destructive wildfire season in California history, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”), has issued a proposed emergency regulation intended to protect workers from wildfire smoke. On April 15th, 2019, DOSH released the proposed regulation and scheduled a hearing to discuss the regulation for May 8th, 2019 in Oakland.
Ogletree Deakins • January 25, 2019
Here are a few of the recent developments affecting workplace safety and health law in California.
Littler Mendelson, P.C. • October 31, 2018
Recently, Cal/OSHA published its Proposed Emergency Regulatory Action on Recording and Reporting of Occupational Injuries and Illnesses, as required by Assembly Bill 2334, which was signed into law last month. The new law, which takes effect on January 1, 2019, amends state occupational safety and health law regarding injury and illness recordkeeping requirements. Under the emergency regulations, certain employers must submit their Cal/OSHA 300 logs by December 31, 2018.
Ogletree Deakins • October 31, 2018
Over a decade after California adopted its outdoor heat illness regulations, the California Division of Occupational Safety and Health (Cal/OSHA) is inching closer to adopting regulations titled “Heat Illness Prevention in Indoor Places of Employment.” In its latest draft, the proposed regulation would apply to “all indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present.”
Ogletree Deakins • October 26, 2018
The California Division of Occupational Safety and Health (Cal/OSHA) is seeking to expand its workplace violence regulations, which currently regulate healthcare facilities, to a general industry standard, which would affect employers in all industries. Cal/OSHA is seeking input on a revised discussion draft for workplace violence prevention in general industry, and interested parties are invited to submit written comments to Senior Safety Engineer Kevin Graulich at KGraulich@dir.ca.gov by November 30, 2018.
Jackson Lewis P.C. • October 23, 2018
On October 10, 2018, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”) issued a notice of proposed emergency regulation requiring California employers to begin submitting their 300A Form to the Federal OSHA portal, Injury Tracking Application (“ITA“).
Jackson Lewis P.C. • September 24, 2018
Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations. Bill Number AB 2334 (Occupational injuries and illnesses: employer reporting requirements: electronic submission) co-sponsored by California Labor Federation and California Professional Firefighters was introduced by Thurmond (D) earlier this year, passed the State legislature and was signed by the Governor on September 19, 2018. The law goes into effect January 1, 2019.
Jackson Lewis P.C. • June 26, 2018
California’s long-awaited standard on “Hotel Housekeeping Musculoskeletal Injury Prevention” is finally here, coming into effect for California hotels and other lodging establishments on July 1, 2018. The standard is designed to control the risk of musculoskeletal injuries to housekeepers. The standard applies to “lodging establishments,” such as hotels, motels, resorts, and bed and breakfast inns.
Fisher Phillips • March 15, 2018
As we reported in January, after nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The final regulation was recently approved by the Office of Administrative Law and will be effective July 1, 2018.
Ogletree Deakins • January 24, 2018
The California Division of Occupational Safety and Health (Cal/OSHA) has created new rules intended to protect hotel housekeepers. These new rules are contained in the newly-created Section 3345 in Title 8 of the California Code of Regulations and are intended to decrease the risk of musculoskeletal injuries and disorders to housekeepers in hotels and other lodging establishments.
Fisher Phillips • January 21, 2018
After nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) yesterday approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.”
Jackson Lewis P.C. • November 06, 2017
In 2014, the Cal/OSHA Division received a petition for a new workplace violence regulation for general industry. Petition 542, which was originally submitted on behalf of teachers, has been used as the basis for consideration of a general industry standard on workplace violence. This year, the CA Standards Board, the entity that promulgates new CA health and safety standards, held meetings on whether a general industry workplace violence standard was necessary.
Ogletree Deakins • July 13, 2017
With the heat of summer in full swing, California employers covered by California Code of Regulations, Title 8, Section 3395 with employees who work outdoors may want to review their practices to ensure that they are complying with Cal/OSHA’s heat illness prevention requirements.
Ogletree Deakins • June 28, 2017
On June 15, 2017, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board met and decided that workplace hazards in the marijuana industry are adequately addressed by existing Title 8 regulations and that no new industry-specific regulations will be made at this time.
Jackson Lewis P.C. • April 21, 2017
On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially similar to Federal OSHA’s new rules for silica. The new standard is found under Title 8 section 1532.3 of the California Code of Regulations and like the federal rule was set to go into effect on June 23, 2017.
Fisher Phillips • April 14, 2017
Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week.
Fisher Phillips • April 12, 2017
After several years of discussion and debate, the Cal/OSHA Standards Board (Board) recently issued a proposed standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The proposal currently is open for public comment and will be considered further by the Board at a public hearing on May 18 in Oakland.
Jackson Lewis P.C. • March 31, 2017
Healthcare employers in California must comply with a host of new workplace safety requirements, effective April 1, 2017, on preventing workplace violence. The new requirements include written workplace violence prevention plans, additional recordkeeping, and preventive training, among other things.
Ogletree Deakins • March 31, 2017
The California Division of Occupational Safety & Health Standards Board recently passed a new safety order intended to protect healthcare workers from workplace violence.
Fisher Phillips • March 21, 2017
For the past 12 years, California has maintained a Cal/OSHA standard designed to minimize heat illness in outdoor places of employment. However, legislation enacted last year (SB 1167) now requires Cal/OSHA to develop a heat illness standard applicable to indoor places of employment.
Jackson Lewis P.C. • March 07, 2017
In October 2016, Governor Brown signed and approved Senate Bill 1167 which went into effect on January 1, 2017. The law directs Cal/OSHA to draft and propose heat illness and injury prevention standards for indoor workplaces by January 1, 2019.
Littler Mendelson, P.C. • December 13, 2016
National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry.
Littler Mendelson, P.C. • December 13, 2016
Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat violation, the employer could initially be subject to a penalty of up to $70,000, and up to $124,709 or more when Cal/OSHA updates its penalties as required by federal OSHA.
Jackson Lewis P.C. • September 23, 2016
On September 15, 2016, Governor Brown approved Senate Bill 465 which requires the California Division of Occupational Safety and Health, after consultation with the California Contractors’ State Licensing Board, to transmit to the Board copies of any citations or other actions taken by the Division against a contractor.
Ogletree Deakins • July 24, 2016
The California Department of Industrial Relations (DIR) announced this week that the requirement for public works contractors and subcontractors to submit certified payroll records (CPRs) electronically using the DIR’s electronic certified payroll reporting (eCPR) system will resume on August 1, 2016.
Jackson Lewis P.C. • July 19, 2016
We previously reported on Governor Brown’s 2016/2017 budget change proposal as something employers should monitor. The proposal included increased funding for the Labor & Workforce Development Agency (“LWDA”), the agency responsible for overseeing the Private Attorneys General Act of 2004 (“PAGA”). The budget proposal also contained recommendations for widespread changes to the way PAGA cases are handled.
Littler Mendelson, P.C. • June 14, 2016
On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued a “Statewide High Heat Advisory.” Cal/OSHA used the Advisory as an opportunity to remind California employers how they can protect their outdoor workers, including developing and implementing written procedures for complying with the Cal/OSHA “Heat Illness Prevention Standard.”
Jackson Lewis P.C. • June 02, 2016
On June 1, 2016, The California Occupational Safety and Health Division issued a high heat advisory, warning employers to protect their outdoor workers from heat illness as temperatures hit extreme highs this week.
Jackson Lewis P.C. • November 30, 2015
California’s Division of Occupational Safety and Health (“Cal/OSHA”) has made the Golden State the first in the nation to propose standards specifically aimed at protecting health care workers against workplace violence.
Jackson Lewis P.C. • November 24, 2015
The incidence of occupational injuries and illnesses in California remain at their lowest level in 13 years, according to occupational injury and illness data released by the California Department of Industrial Relations. The Survey of Occupational Injuries and Illnesses (SOII) data reflect a total of 460,000 reportable injury and illness cases in 2014, down from a total of 468,400 cases in 2013. In 2013 and 2014, the rate for cases involving lost work-time, job transfer, or restriction-from-duty cases (collectively, “lost work-time cases”) held steady at approximately 265,000, while cases involving days away from work fell from 146,800 to 142,800. Overall, the incidence of nonfatal occupational injuries and illnesses in California remains at its lowest level in the past decade.
FordHarrison LLP • July 20, 2015
Executive Summary: On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align certain aspects of CFRA with the federal Family and Medical Leave Act (FMLA). For instance, the new regulations incorporate the March 2013 FMLA regulations to the extent they are not inconsistent. However, CFRA provides additional protections for California employees. Below is a brief summary of some of the significant changes to the CFRA regulations:
Ogletree Deakins • June 08, 2015
On April 7, 2015, the California Department of Industrial Relations (DIR) and the state safety and health agency announced that the current heat illness prevention regulation has been amended. The Office of Administrative Law approved the state Occupational Safety & Health Standards Board’s (OSHSB) proposed amendments to the regulations—the California Code of Regulations, Title 8§ 3395, which will become effective on May 1, 2015.
Ogletree Deakins • June 02, 2014
California Supreme Court Preserves Employer’s Right to Litigate Defenses in Class Action Trial; Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam; Settlement Agreements: Forgetting Costs May Cost You in California; Arbitration Agreement Only Partially Translated to Spanish Raises Red Flag With California Court; Let the Countdown Begin—Only a Few Weeks Before California’s Minimum Wage Increase;
California Labor Commissioner Aims to Reach Broad Range of Workers With New Website
Fisher Phillips • June 01, 2011
The owner and the foreman of a roofing company have each been sentenced to one year jail terms because they did not put fall protection measures in place that would have prevented a 39 year old employee from falling to his death from a four-story apartment building in San Francisco.