On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall...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
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 September 15, 2022, California’s Division of Occupational Safety and Health (Cal/OSHA or “the Division”) published Guidance on Protecting Workers from Monkeypox (MPX). The guidance applies to workplaces covered by the...more
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
On May 7, 2022, Cal/OSHA issued updated Frequently Asked Questions (FAQs) to the third readoption of the COVID-19 Emergency Temporary Standard (3rd Revised ETS), which was approved April 21, 2022, and is now in effect. The...more
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
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
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 Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test”...more
11/15/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Enjoin ,
New Rules ,
Non-Delegation Doctrine ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases...more
10/19/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Occupational Exposure ,
Regulatory Requirements ,
State Labor Laws ,
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 11, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) released its latest set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency...more
6/14/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
The Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) recently published proposed revisions to the COVID-19 Emergency Temporary Standard (ETS). The Standards Board held a meeting on May...more
On May 5, 2021, Cal/OSHA issued much-awaited FAQs which provide clarity on whether employers must continue to exclude fully vaccinated employees from the workplace if they were exposed to a confirmed positive COVID-19 case...more
On April 26, 2021, the Occupational Safety & Health Administration sent emergency workplace safety rules to prevent the spread of COVID-19 to the Office of Management and Budget for review....more
On April 9, 2021, President Biden announced that he intends to nominate Douglas L. Parker to lead the Occupational Safety and Health Administration. Mr. Parker is currently the chief of California’s Division of Occupational...more
On January 8, 2021, Cal/OSHA issued a much-awaited second set of FAQs to its COVID-19 Emergency Temporary Standards (ETS). The following are ten key takeaways...more