Jayni Lanham

Jayni Lanham

Beveridge & Diamond PC

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Cal/OSHA Issues First COVID-19 Related Citations

In early September, the California Division of Occupational Safety and Health (“Cal/OSHA”) announced that it cited 11 employers for not protecting employees from COVID-19 exposure. The inspections were conducted in industries...more

9/21/2020  /  Cal-OSHA , Coronavirus/COVID-19 , Employer Liability Issues , Employer Responsibilities , Infectious Diseases , Social Distancing , Workplace Safety

OSHA Updates Rule on Medical Records Access

The Occupational Safety & Health Administration (OSHA) has issued a final rule revising its procedures for accessing employee medical records, with specific requirements for safeguarding electronic medical records that are...more

9/16/2020  /  Employer Liability Issues , Medical Records , OSHA , Workplace Safety

California Employers Face Broader Recording and Reporting Obligations for COVID-19 Illnesses

Guidance issued by the California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) sets forward strict obligations for recording and reporting occupational injuries and illnesses for...more

6/22/2020  /  Coronavirus/COVID-19 , Employer Liability Issues , Health and Safety , Occupational Exposure , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Safety

OSHA Coronavirus Guidance for Employers Continues to Evolve

Key Points: • OSHA updated its guidance on inspections related to COVID-19 and on recordkeeping for COVID-19 cases on May 19. • OSHA has extensive guidance on other aspects of protecting employees from the novel...more

5/22/2020  /  Coronavirus/COVID-19 , Employer Liability Issues , OSHA , Recordkeeping Requirements , Workplace Illness and Injury Reporting , Workplace Safety

Coronavirus: OSHA Considerations for Employers

As the number of novel coronavirus (COVID-19) illness cases continue to grow in the United States, employers should be aware of their legal obligations under the Occupational Safety and Health Act of 1970 (“OSH Act”) and key...more

3/10/2020  /  Best Practices , CDC , Coronavirus/COVID-19 , Infectious Diseases , OSHA , Workplace Safety

Are You Ready to Report an Accidental Chemical Release to Another Agency?

If your facility has a significant accidental release of a hazardous chemical, your team will need to respond immediately, particularly if the release threatens the public, workers, or the environment. But don’t forget to...more

2/26/2020  /  Chemical Spills , Chemicals , Reporting Requirements

California’s Injury and Illness Prevention Plans: New Rules on Employee Access

California’s Occupational Safety and Health Standards Board adopted a new safety rule on January 16, 2020, requiring employers to provide employees with access to their written Injury and Illness Prevention Plan (IIPP) within...more

1/31/2020  /  Cal-OSHA , Employer Liability Issues , Health and Safety , Workplace Injury , Workplace Safety

EPA Rescinds Obama-Era RMP Rule

Nearly three years after adopting extensive amendments to its rules on accidental release prevention under the Clean Air Act, the Environmental Protection Agency (EPA) adopted a final rule rescinding nearly all of the...more

12/3/2019  /  Amended Rules , Clean Air Act , EPA , Risk Management

OSHA Reiterates Requirement for Access to Qualified Trainers During Safety and Health Worker Training – Limitations on...

For employers wishing to train employees using computer-based, online programs, OSHA recently reiterated that safety and health training must still include interactive and hands-on opportunities for employees. This may...more

11/5/2019  /  Employee Training , Employer Liability Issues , Health & Safety Standard , OSHA , Workplace Safety

OSHA Implements New System for Measuring Enforcement Activity

Beginning this month, OSHA will be using a new system to weigh and measure enforcement activity in order for the Agency to (1) more accurately allocate resources required to perform enforcement related activities, and (2)...more

10/22/2019  /  Corporate Counsel , Employer Liability Issues , OSHA , Workplace Hazards , Workplace Safety

California Law Eliminates Email Reporting for Serious Workplace Accidents

At the end of August, California Governor Newsom signed AB 1804, a law that alters the method by which employers are to report serious occupational injuries, illnesses, and deaths to the California Division of Occupational...more

9/13/2019  /  Cal-OSHA , Employer Liability Issues , Reporting Requirements , Workplace Injury , Workplace Safety

Cal/OSHA Wildfire Smoke Emergency Regulation Now in Effect

In late July, the California Occupational Safety and Health Standards Board adopted an emergency regulation to protect workers from health hazards arising from wildfire smoke. The regulation became effective July 30, 2019,...more

8/9/2019  /  Cal-OSHA , Health and Safety , Wildfires , Workplace Safety

Seeing Smoke Ahead: Cal/OSHA Proposes Emergency Regulation to Protect Workers from Wildfire Smoke Exposure

California wildfires have become more frequent and more intense. These wildfires and the smoke they generate pose risks to worker safety. In response to the poor air quality California experienced during last year’s fires and...more

5/20/2019  /  Cal-OSHA , Personal Protective Equipment , Proposed Regulation , Wildfires , Workplace Safety

OSHA Finalizes Rule Rescinding Electronic Submission of Certain Injury and Illness Records

OSHA has finalized a rule that rescinds the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness...more

1/30/2019  /  Electronic Filing , Employer Liability Issues , Final Rules , OSHA , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

Fifth Circuit Upholds OSHA’s Multi-Employer Citation Policy

The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more

12/19/2018  /  Construction Industry , Contractors , Employer Liability Issues , OSHA , Subcontractors , Workplace Hazards , Workplace Safety

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

10/31/2018  /  Anti-Retaliation Provisions , Drug Testing , Employer Liability Issues , Incentives , OSHA , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

Eleventh Circuit Rejects OSHA Effort to Expand Inspection Based on Injury Records

Introduction - In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit rejected an Occupational Safety and Health Administration (“OSHA”) effort to widely broaden the scope of an inspection based on past...more

10/24/2018  /  Employer Liability Issues , OSHA , Safety Inspections , Workplace Hazards , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

OSHA Proposes to Rescind Electronic Submission of Certain Injury and Illness Records

OSHA recently issued a Notice of Proposed Rulemaking that proposes to rescind the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and...more

8/23/2018  /  Electronic Filing , Employer Liability Issues , OSHA , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

OSHA has clarified its January 9, 2017 occupational health standard on beryllium. On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general...more

5/9/2018  /  Beryllium Exposure , Comment Period , Employer Liability Issues , Health & Safety Standard , Occupational Exposure , OSHA , Workplace Safety

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws. See Solus Industrial Innovations, Inc. v. Superior Court of...more

4/24/2018  /  CA Supreme Court , Corporate Counsel , Employer Liability Issues , False Advertising , OSHA , Popular , Unfair Competition , Workplace Safety

Washington OSHA Issues Draft PSM Rule for Refineries

The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more

2/14/2018  /  OSHA , Popular , Process Safety Management , Refineries , Workplace Safety

D.C. Circuit Rejects Industry Challenges to Silica Rule and Remands to OSHA for Further Consideration on Medical Removal...

The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more

1/11/2018  /  Construction Industry , Employer Liability Issues , Occupational Exposure , OSHA , Silica , Workplace Hazards

OSHA Delays First Deadline for Electronic Reporting to December 15, 2017

On November 24, 2017, OSHA published a final rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 15, 2017. By December 15, all...more

11/29/2017  /  Anti-Retaliation Provisions , Electronic Filing , Employer Liability Issues , Final Rules , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

OSHA Proposes December 1, 2017 Deadline for First Phase of Electronic Reporting, Foreshadows Rulemaking on Anti-Retaliation...

On June 28, 2017, OSHA published a proposed rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 1, 2017. This proposal comes...more

6/30/2017  /  Electronic Filing , Employer Liability Issues , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

EPA Delays Effective Date of RMP Rule Amendments, Environmental Groups File Challenge

On June 14, 2017, EPA published a final rule in the Federal Register delaying the effective date of its Risk Management Program (RMP) rule amendment package for twenty months, until February 19, 2019. EPA’s decision was...more

6/19/2017  /  Chemicals , EPA , Risk Management
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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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