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.”
Articles Discussing California Workplace Health And Safety Issues.
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.
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.
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.
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.
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“).
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.
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.
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.
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.
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.
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.
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.
National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry.
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.