Seyfarth Synopsis: Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid workplace violence, and maintain a violent incident log by July 1, 2024.
Governor Newsom has signed SB 553, a first of its
Continue Reading Workplace Violence Prevention Plans Required For California Employers by July 2024Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at the Standards Board May 18, 2023 meeting. The Standards Board has one year from publication date to take action on the proposed standard
Continue Reading Cal/OSHA Turns Up The Heat on EmployersSeyfarth Synopsis: On Thursday, December 15, 2022, the Occupational Safety and Health Standards Board (“OSHSB”) approved the long-proposed 2-year “permanent” COVID-19 standard. The new standard took effect on February 3, 2023, after final approval from the Office of Administrative Law, and replaced the current Cal/OSHA COVID-19 Emergency Temporary Standard (“ETS”).
It’s The Most Wonderful Time Of The Year
Among other
Continue Reading Cal/OSHA Approves Non-Emergency COVID-19 Standard In Time for the HolidaysSeyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.
The fall season signals change between the warmth and sun of summer and the cold and wet of winter. This year, fall also includes
Continue Reading Changes Coming to CA COVID-19 RequirementsSeyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities without masks, Cal/OSHA asked the OSHSB to delay its consideration of the
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS
Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law (OAL) approved an Emergency Temporary Standard regarding COVID-19, effective November 30, 2020. After holding a stakeholders meeting in December, the Division released its second iteration of frequently asked questions, which included nearly 40 new FAQs.
As we reported, on November 30, 2020, the California Office of
Continue Reading Cal/OSHA Finally Updates FAQs For Emergency Temporary COVID-19 Standard
Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law has approved a California OSHA emergency temporary standard regarding COVID-19, effective November 30, 2020. The temporary standard brings with it new documentation, COVID-19 testing, earnings continuation, and reporting obligations affecting most companies.
As we have previously blogged, Cal/OSHA’s Emergency Temporary Standard (ETS) was adopted at the
Continue Reading Cal/OSHA Approves Emergency Temporary COVID-19 Standard
Seyfarth Synopsis: California Department of Industrial Relations’ (DIR) Occupational Safety and Health Standards Board adopted a California OSHA emergency temporary standard regarding COVID-19. The emergency temporary standard will go into effect after it is reviewed and approved by the California Office of Administrative Law, which may be as soon as November 29, 2020. It brings with it new documentation,
Continue Reading Not So Happy Thanksgiving? Cal/OSHA Approves Temporary COVID-19 Standard
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
Consider this not-so-hypothetical example. An employer in California receives a citation from Cal/OSHA for a relatively minor safety violation involving no employee injuries. Maybe the citation was for inadequate training on a particular workplace hazard. The citation carries with it a penalty of $500. The employer could appeal the citation, and spend perhaps thousands of dollars to challenge the citation through a hearing before an Administrative Law Judge; or, it could write a check for $500, agree to fix the violation, and be done with it. In this light, the former response may seem extravagant, while the latter response could be seen as a rational business decision.
Now, fast forward two years from the date that the employer spent $500 to make that previous violation go away. The employer abated the prior violation by adequately training its employees shortly after paying the penalty. A newly-hired employee, however, failed to receive training on the same workplace hazard and suffered a serious injury when exposed to the hazard. After its investigation, the Division of Occupational Safety and Health (the investigative and prosecutorial arm of Cal/OSHA) cites the employer for a “repeat” violation. A “repeat” violation carries with it a significant increase in penalties: that $500 penalty now transforms into a serious, repeat violation with a penalty of up to $36,000. If the untrained employee had been killed, the employer would face a repeat penalty amount of up to $50,000, and the employer (and the responsible managers) would face potential criminal liability.
This is not a fanciful scenario. Under Cal/OSHA, employers are required to have an Injury and Illness Prevention Program (IIPP) in place to identify and respond to particular hazards in a workplace. In addition, the IIPP regulation mandates that employers train their employees on the hazards in the workplace. Yet, employers may be lulled into settling a Cal/OSHA citation by a short-term cost-benefit analysis of a particular citation and its accompanying penalties. But, except perhaps where an employer is in financial distress, the penalties should not be an employer’s chief concern. Instead, the focus should be on answering these questions:
Continue Reading Cal/OSHA Considers Changes to Its Policy on “Repeat” Violations — With Significant Implications for Employers
