On July 24, 2024, California’s Department of Industrial Relations (DIR) announced that the Indoor Heat Illness Prevention regulation, which the Cal/OSHA Standards Board unanimously approved on June 20, 2024, would take effect...more
7/29/2024
/ Cal-OSHA ,
California ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
New Regulations ,
Occupational Exposure ,
Office of Administrative Law Judges (OALJ) ,
Severe Weather ,
State Labor Laws ,
Workplace Hazards ,
Workplace Safety
The regular monthly meeting of the Cal/OSHA Standards Board on March 21, 2024 was anything but regular. The agenda had included voting on a proposed indoor heat illness prevention standard that has been under development for...more
On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more
1/5/2024
/ Cal-OSHA ,
California ,
Construction Industry ,
Corporate Counsel ,
Emergency Rule ,
Employer Liability Issues ,
Hazardous Substances ,
Health and Safety ,
Occupational Exposure ,
Regulatory Standards ,
Silica ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Safety
On September 30, 2023, California enacted SB 553, the first general industry workplace violence prevention safety requirements in the United States that will be applicable to nearly all California employers, with very few...more
On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also...more
2/7/2023
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Regulations ,
Occupational Exposure ,
Regulatory Requirements ,
Workplace Safety
The non-emergency COVID regulation adopted by the Cal/OSHA Standards Board at its meeting on December 15, 2022, will not become effective until approved by the Office of Administrative Law (OAL), which is expected to occur in...more
During a meeting of the Cal/OSHA Standards Board on November 17, 2022, Cal/OSHA’s Chief Deputy for Health and Research Standards unequivocally stated that no further modifications will be made to the proposed non-emergency...more
11/22/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Regulatory Requirements ,
Workplace Safety
On October 13, 2022, the California Department of Public Health (CDPH) issued an order effective October 14, 2022, updating the definition of close contact under the Third Revised COVID Emergency Temporary Standard and...more
At its meeting on September 15, 2022, the Cal/OSHA Standards Board held a public hearing on a proposed non-emergency COVID-19 standard. The hearing and subsequent Board discussion during the meeting demonstrated that there...more
9/19/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Standards ,
State OSHA Laws ,
Workplace Safety
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order (June 8th Order) defining “Close Contact” and “Infectious Period” for purposes of the CDPH’s Isolation and Quarantine Guidance issued on April...more
6/17/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health Emergency ,
Workplace Safety
California’s Division of Occupational Safety and Health (Cal/OSHA or “the Division”) Standards Board met on April 21, 2022, and formally approved the third readoption of its COVID-19 Emergency Temporary Standard (“3rd Revised...more
On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022. The readopted ETS would be the fourth version of the ETS,...more
Effective March 1, 2022, there is no longer a hard requirement under the Cal/OSHA statewide Emergency Temporary Standard (CA ETS) or any other statewide requirement for employers to require unvaccinated persons (or fully...more
3/4/2022
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Workplace Safety
With the U.S. Supreme Court’s consideration of challenges to the OSHA Vaccination and Testing Emergency Temporary Standard and the CMS Vaccine Mandate making the headlines, less attention has been paid to the federal...more
1/20/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On January 13, 2022, the U.S. Supreme Court, in a 5-4 decision, lifted lower court injunctions that had blocked enforcement in 25 states of the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule requiring...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Preliminary Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 16, 2021, California’s Occupational Safety and Health Standards Board (the “Standards Board”) adopted its second set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19...more
12/20/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Rules ,
Public Health Emergency ,
Social Distancing ,
Vaccinations ,
Workplace Safety
There have been significant developments in the legal challenges brought against the interim final rule of the Centers for Medicare and Medicaid Services (“CMS rule”), which requires vaccination of all healthcare workers at...more
12/17/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more
11/22/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Infectious Diseases ,
OSHA ,
Preemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 17, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released for discussion initial draft text for proposed permanent COVID-19 regulations, which if adopted would be subject to renewal...more
9/22/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health Emergency ,
Regulatory Requirements ,
Risk Management ,
Vaccinations ,
Workplace Safety
On June 17, 2021, the California Occupational Safety and Health Standards Board (Standards Board), voted and passed its latest set of proposed revisions, with a 5 to 1 vote, to the Division of Occupational Safety and Health’s...more