As you are likely aware, SB 553 will go into effect on July 1, 2024. SB 553 amended CA Labor Code Section 6401.7, and requires CA employers to develop and implement a workplace violence prevention plan in accordance with Labor Code Section 6401.9. Cal/OSHA has now published guidance and a model plan on its website, which can be found here (click on Workplace Violence Prevention): https://www.dir.ca.gov/dosh/PubOrder.asp
Read MoreI was recently contacted by a journalist planning an article about Cal/OSHA and posing the question of why more appeals of Cal/OSHA citations are being filed. We had a conversation about the significant impact that a Cal/OSHA citation may have on an employer's ability to do business, the dispute resolution process once a citation is issued, and the employer's right to appeal.
Read MoreBased on a number of recent appeals filed by our office for citations issued by Cal/OSHA’s Labor Enforcement Task Force (LETF) Unit, we thought it might be helpful to explain what and who LETF is. LETF is a coalition of various state and local agencies that include Cal/OSHA, the CA Labor Commissioner, the Contractor’s State License Board and the Employment Development Department. LETF falls under the umbrella of the Department of Industrial Relations. The LETF’s mission is to “combat the underground economy”. The underground economy is a reference to employers who operate without the proper licensing and workers’ compensation coverage, engage in possible tax evasion, engage in wage theft, and have general unsafe work conditions (which is where Cal/OSHA comes in).
Read MoreAs many of you may already know, the Cal/OSH Standards Board just voted to adopt an emergency temporary standard (ETS) for silica protections. This ETS goes into effect on December 29, 2023, which means employers must be compliant with the new standard on that date. While the impetus behind the ETS was the fabricated stone countertop industry, all California employers will be required to implement new protections during certain tasks (e.g., wet methods for cutting/polishing stone, respiratory protection).
Read MoreIn an interesting turn, the Third Appellate District Court in Sacramento recently granted (in part) Granite Construction Company’s petition for writ of mandamus. The Court reversed the Cal/OSH Appeals Board’s ruling that had sustained citations for exposure to Valley Fever. Though one citation remained for failure to conduct fit testing for required respirators, the Court overturned two other citations for exposure and failure to address exposure. Importantly, the Court reminded the Division that it must prove an exposure in order to prove a violation.
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