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Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke.. With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more

Future Enterprises: New Safety Hazards from Nanotechnology Materials and Processes on the Horizon

Seyfarth Synopsis:  The Nanotechnology Research Center (NTRC), part of the National Institute for Occupational Safety and Health (NIOSH), has identified new safety hazards from the expanding nanotechnology industry....more

New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers....more

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing...

Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of...more

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

Another Update from the 2019 ABA Occupational Safety and Health Law Committee Midwinter Meeting

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. ...more

Constructive Solution For PAGA? CBA Waivers For Construction Employers

Seyfarth Synopsis: AB 1654 provides a PAGA exemption for certain employees covered by a collective bargaining agreement. While AB 1654 is limited to the construction industry, its underlying rationale applies much more...more

Emergency Regulation Approved! Electronic Submission of CY 2017 Form 300A Required by December 31, 2018 for California Employers

Seyfarth Synopsis: On November 6, 2018, the California Office of Administrative Law approved Cal/OSHA’s emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. Covered...more

Attention California Employers!  Cal/OSHA Issues Notice of Emergency Regulation for Electronic Submission of CY 2017 Form 300A by...

Seyfarth Synopsis: CalOSHA published a news release TODAY, on a new emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. ...more

California Enacts New Record-Keeping Mandates In Response To Changing Federal Program

Seyfarth Synopsis: Last week, Governor Brown signed into law Assembly Bill No. 2334, Occupational Injuries and Illness, Employer Reporting Requirements, and Electronic Submission....more

Proposition 65: Sign Of The Times—For Employers, What’s New Is Old

Seyfarth Synopsis: As of August 30, 2018, California businesses must provide the public with more information about dangerous chemicals present at the business location. ...more

The NLRB Continues to Protect Vulgarity in the Workplace

Seyfarth Synopsis: Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may...more

California Hotel Workers Musculoskeletal Injury Prevention Regulation To Take Effect July 1, 2018

Seyfarth Synopsis: On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement...more

California Supreme Court Clears The Way For Employee Cal/OSHA Lawsuits

Seyfarth Synopsis: Cal/OSHA regulations are enforced by a state agency in administrative litigation. A new Supreme Court decision, Solus Industrial Innovations, Inc. v. Superior Court, allows employees allegedly suffering...more

Cal/OSHA Drafts Rules For The Marijuana/Cannabis Industry And Heat Illness Prevention In Indoor Places Of Employment

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in...more

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

California Moves Closer To Regulating Hotels Toward Musculoskeletal Injury Prevention

Seyfarth Synopsis:  This past week, the Cal/OSHA Standards Board approved a new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements...more

Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”

An employer that withdraws recognition from a union as the exclusive bargaining agent of its employees does so, as the Board and Courts say, “at its peril.” It’s a risky move, one that requires objective evidence that a union...more

Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more

CA Nears Adoption of New Workplace Violence Regulations for Health Care Employers, Home Health Providers, and Emergency Responders

Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care. The California Division of Occupational...more

Gig Economy Threatened By Proposed Legislation for Collective Bargaining Rights

Gig economy workers would gain the right to collectively bargain for benefits and wages under groundbreaking legislative amendments introduced in California this week by Assembly Member Lorena Gonzalez (D-San Diego). The...more

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