The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection warrant and the exclusion of evidence acquired during an inspection. In In re 99 Cents Only
Articles Discussing California Workplace Health And Safety Issues.
As the temperatures cool outside, the regulations for indoor heat illness prevention are heating up. Cal/OSHA has been working on a proposed Indoor Heat Illness Prevention Standard since 2017. In the spring Cal/OSHA Standards Board published a draft standard and announced a public hearing on Heat Illness Prevention in Indoor Places of Employment.
The draft indoor heat illness prevention standard continues to work its way through the Occupational Safety and Health Standards Board’s rulemaking process. On November 9, 2023, the Board published proposed modifications to the draft indoor heat illness standard, which were based on suggestions the Standards Board received during the August
On October 10, 2023, Governor Newsom signed Senate Bill (SB) 723, which moves the expiration the right of recall rights for employees in the hospitality and service industry from December 31, 2024, to December 31, 2025. The bill adds a presumption that a separation due to a lack of business,
On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.
However, SB 700
On September 30, 2023, California Governor Gavin Newsom vetoed Senate Bill No. 686, legislation that would have extended California’s existing occupational safety and health laws and regulations to the domestic service industry.
On August 17, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board held its monthly meeting and received public comments on the proposed indoor heat illness prevention standard. Multiple stakeholders expressed concerns about the proposed regulation’s overbroad scope, lack of scientific data to support the control measures,
Cal/OSHA has long been able to cite employers for violating stringent outdoor heat illness regulations, that apply to all “outdoor places of employment.” As a consequence, indoor work spaces subjected to high heat conditions have largely been untouched by Cal/OSHA, or held to much looser standards.
That is all about to change with Cal/OSHA’s new indoor heat illness regulation, which is positioned to be approved in the coming weeks. With both heat illness regulations, Cal/OSHA will have full authority to enforce heat-illness standards across all workplace environments, and all California workers will be covered by either the indoor or outdoor standard.
On August 9, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) convened an advisory committee to provide input on proposed emergency changes to Title 8, section 5204, Occupational Exposures to Respirable Crystalline Silica, of the California Code of Regulations.
California has officially, and for the first time, provided protections for users of recreational marijuana within the employment context. California Assembly Bill (“AB”) 2188, which takes effect on January 1, 2024, amends the Fair Employment and Housing Act
On August 4, 2023, the California Occupational Safety and Health Standards Board (OSHSB) issued its notice to amend the existing Title 8 of the California Code of Regulations to add section 3396, heat illness prevention in indoor places of employment. The Standards Board received public comments regarding the proposed regulation
On July 20, 2023, the Cal/OSHA Standards Board approved promulgating an Emergency Temporary Standard for Respirable Crystalline Silica (Silica). The Silica ETS will require the fabricated stone industry to protect its employees from silica exposure. According to Cal/OSHA, engineered stone, which is cut to create countertops in home construction, is
The Supreme Court of California recently held that the California Workers’ Compensation Act does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19 at the workplace and brings the virus home to the employee’s spouse. The court also held that an
Since the beginning of the COVID-19 pandemic, employers have often asked about the limits of liability for workplace COVID-19 infections that spread to family members. Last week, the California Supreme Court gave us answers.
The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit:
If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing injury, does the California Workers’ Compensation Act (WCA) bar the spouse’s