Seyfarth Synopsis: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203.

Despite the IIPP requirement being “on the books” since 1991, many employers with establishments in California still do not have an IIPP. In fact Cal/OSHA issues more citations under the IIPP standard than
Continue Reading ALL California Employers Must Have Injury and Illness Prevention Programs

Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers.

An emergency regulation on Protection from Wildfire Smoke applies to outdoor workers and to workers in semi-indoor places. Examples include day laborers, agricultural workers, landscapers, construction workers, and sanitation workers. Requirements (described below) kick in when the current Air Quality Index
Continue Reading New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

Seyfarth Synopsis: AB 1654 provides a PAGA exemption for certain employees covered by a collective bargaining agreement. While AB 1654 is limited to the construction industry, its underlying rationale applies much more broadly, and may augur further thoughtful restrictions on PAGA’s broad scope.

California’s Private Attorneys General Act, imposing draconian penalties for even relatively trivial Labor Code violations, remains the
Continue Reading Constructive Solution for PAGA? CBA Waivers for Construction Employers

Seyfarth Synopsis: As of August 30, 2018, California businesses must provide the public with more information about dangerous chemicals present at the business location. Many California employers will comply with the new requirements through the Cal/OSHA-required workplace hazardous communication program. For occupational exposures that do not meet the thresholds for HazMat communications, posting new signs will meet the requirements.
Continue Reading Proposition 65: Sign of the Times—For Employers, What’s New is Old

EarthquakeYesterday, the National Labor Relations Board issued its much-anticipated decision in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). By a 3-2 vote, the Board announced a new standard to determine whether multiple entities are “joint employers” of a single workforce. The Board will now inquire whether there is a common-law employment relationship with the employees
Continue Reading NLRB’s New “Joint Employer” Standard: Seismic Impact for California Employers?

This blog post was originally published in Seyfarth Shaw’s Environmental & Safety Law Update.

California is one of 22 states and jurisdictions that has its own OSHA Plan covering private sector employers.  The federal OSHA law, of course, continues to provide a minimum level of safety, or “floor,” under which these state regulations may not fall.  But above this
Continue Reading California Really Is Different: How Employers’ Obligations Differ Under Cal/OSHA With Respect to Reporting Serious Workplace Injuries