OSHA issued an unofficial version of a long-awaited proposed rule addressing heat injury and illness prevention. The official version has yet to be published in the Federal Register.
The proposed rule requires employers...more
A new “Heat Illness Prevention in Indoor Places of Employment” regulation at 8 C.C.R. section 3396 is expected to be finalized and approved this year.
The threshold temperature for Section 3396 is 82 degrees Fahrenheit for...more
After May 31, 2024, employees can designate a non-employee to accompany OSHA compliance officers during worksite inspections.
OSHA inspectors will determine whether non-employee representatives are “reasonably necessary”...more
Because Cal/OSHA significantly lowered the exposure thresholds that require an employer to comply with its lead regulations, more employers may fall within the ambit of the revised regulations.
Revised regulations,...more
As 2023 is swiftly coming to a close, certain employers should begin preparing for electronic submission of injury and illness information to the Occupational Safety and Health Administration (OSHA) in 2024.
Beginning March...more
On September 20, 2023, the Consumer Product Safety Commission (CPSC) published a Federal Register Notice to request information on PFAS from “all stakeholders such as consumers, manufacturers and importers, government...more
The Occupational Safety and Health Administration (OSHA) can now issue separate citations for each instance of an alleged high-gravity serious violation. OSHA is also encouraged to issue multiple violations instead of...more
After numerous iterations and extensions of an emergency temporary standard, Cal/OSHA approved a non-emergency standard on December 15, 2022, set to take effect in January 2023.
Employers are no longer required to pay...more
After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee.
Coffee generally does not require Proposition 65 warnings—this...more
10/28/2022
/ Appeals ,
Cal Code of Civil Procedure ,
California ,
Environmental Litigation ,
Food Labeling ,
Food Manufacturers ,
Proposition 65 ,
Section 998 ,
State Legislatures ,
Summary Judgment ,
Warning Labels
OSHA has been turning its attention to workplace safety hazards in warehouses and retail stores.
Workplace safety hazards lead to employee injuries and complaints, opening the company to inspections and violations....more
8/10/2022
/ California ,
Employee Training ,
False Advertising ,
Inspections ,
OSHA ,
Penalties ,
Policies and Procedures ,
Recordkeeping Requirements ,
Retailers ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
Under a forthcoming OSHA emergency temporary standard, private-sector employers with more than 100 employees will be required to mandate COVID-19 vaccination or weekly testing. Eliminating a testing alternative, federal...more
Cal/OSHA issues guidance regarding revised standards, so employers should have more clarity on documentation of vaccination status and requirements for unvaccinated workers.
Employers must record confidential vaccination...more
Cal/OSHA’s latest proposed revisions better align with public health guidance and state reopening plans.
If proposed revisions are approved, physical distancing will no longer be required; only unvaccinated employees will...more
6/16/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Executive Orders ,
Governor Newsom ,
Masks ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Social Distancing ,
Vaccinations ,
Workplace Safety
In response to President Biden’s January 2021 Executive Order, OSHA finally issues a proposed emergency temporary standard, albeit for the health care industry only.
Health care industry is to comply with most provisions...more
6/14/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
General Duty Clause ,
Healthcare ,
Joe Biden ,
Masks ,
New Guidance ,
New Rules ,
OMB ,
OSHA ,
Personal Protective Equipment ,
Reporting Requirements ,
Social Distancing ,
Vaccinations
Regardless of vaccination status, physical distancing could be required in California indoor workplaces until July 31, 2021.
If proposed revisions are approved, California employers must provide respirators such as N95 masks...more
Workplace safety agencies look to public health recommendations to update their own COVID-19 guidance and standards as they relate to the impact of vaccinations.
Fully vaccinated, asymptomatic employees are no longer...more
5/19/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Executive Orders ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Since August 2020, Cal/OSHA has issued COVID-19 citations with proposed penalties totaling almost $3,500,000.
Cal/OSHA has not shied away from issuing citations related to COVID-19.
As the pandemic subsides, Cal/OSHA...more
If proposed amendments are adopted, the use and benefit of short-form on-product warnings will be significantly limited. The use of short-form for internet and catalog warnings will be completely eliminated.
Proposed...more
As of November 30, 2020, California employers are required to have a written COVID-19 Prevention Plan.
The new rules may be duplicative of existing regulations, and go beyond safety and health into areas of employment...more
It is no surprise that the pandemic has increased the number of whistleblower complaints, many involving social distancing and personal protective equipment violations.
Employers cannot retaliate against workers who blow...more
As states reopen and employees return to work, OSHA updates its interim enforcement plan and issues revised guidance that requires all employers to investigate whether employee COVID-19 illnesses were contracted in the...more
The California Supreme Court held there is no statutory or constitutional right to a jury trial in actions brought under the Unfair Competition Law (UCL) and False Advertising Law (FAL). Its reasoning and basis likely...more
OSHA provides its compliance officers with instructions for conducting COVID-19-related investigations and inspections arising from complaints, referrals, and reports of employee hospitalizations and fatalities.
Sites with...more
In a letter dated April 8, 2020, the chief of the California Division of Occupational Safety and Health (Cal/OSHA) provides employers with guidance regarding recording and reporting confirmed COVID-19 cases.
Cal/OSHA...more
The CDC sets higher safety standards for essential businesses, while guiding the strategy for all employers as businesses look to their future.
New CDC guidance allows essential workers to remain on the front lines even if...more
4/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Health and Safety ,
Healthcare ,
Masks ,
Operators of Essential Services ,
Social Distancing ,
Workplace Safety