With 2024 coming to a close, here is a roundup of Cal/OSHA updates from the recent Standard Board meetings and Cal/OSHA’s triannual advisory committee meeting:
Silica
Last week, the Board unanimously voted to adopt proposed changes to the permanent silica regulation to address ongoing concerns of silicosis cases related to working with engineered stone. The proposal essentially incorporates additional requirements from the emergency temporary standard into the existing permanent standard. The temporary standard was set to expire this month, with no options for further extension. The changes will be effective approximately February 5, 2025, unless the Office of Administrative Law (OAL) approves it earlier.
In response to concerns raised during December’s Standards Board meeting through various presentations and public comment, Department of Industrial Relations (DIR) and California Department of Public Health (CDPH) seem to agree that the regulation as proposed could be even more protective. Specifically, concerns were raised that even wet cutting methods may not be protective enough without the use of full-face respiratory protection and that periodic inspections may not yield an accurate picture of exposure. While the proposed amendments to the silica regulation passed, the Board also voted to convene an advisory committee to determine whether additional changes are needed. Such additional changes would be through a new rulemaking process.
Lead
During the November Standards Board meeting, members of the public requested delayed enforcement due to the Division only recently putting out guidance documents including a model plan for construction. There is no indication that any delay in enforcement will occur, as such employers impacted by the changes to the lead regulations should expect Cal/OSHA to begin enforcement as of the January 1, 2025 effective date. Cal/OSHA continues to update its resources regarding the revised regulations.
Cone and Bar Barricade System
The December 2024 Standard Board meeting served as the public hearing for proposed changes to Section 1635 (Floors, Walls and Structural Steel Framed Buildings) allowing for cone and bar barricade systems as an alternate to guardrails or floor covers. The proposal contains specifications and other requirements for the cone and bar barricade system, along with illustrations and sample photographs. This begins the 12-month clock on the formal rulemaking process. There was public comment during the December Board meeting, but no vote by the Board.
Avian Flu
On December 18, Governor Newsom proclaimed a State of Emergency to further respond to Avian influenza A (H5N1), also known as “Bird Flu”. This came in response to detection in dairy cows in Southern California and the need to expand monitoring and the approach to mitigating the spread of the virus. DIR, in coordination with CDPH and other agencies are monitoring and taking steps to offer outreach and updated guidance to employers and employees in dairy and poultry industries, including on prevention and control measures to reduce the risk of exposure to Avian Flu. Cal/OSHA has noted that it will respond to any serious injuries or worker complaints as required.
Domestic Workers
California Senate Bill 1350 removed the exemption from Cal/OSHA coverage for certain household domestic service. This will now allow Cal/OSHA to enforce its safety regulations against certain employers who traditionally have not been subject to Cal/OSHA enforcement. Cal/OSHA indicated that it will be working on guidance for the public.
Workplace Violence Prevention in General Industry
On January 24, 2025, Cal/OSHA will hold an advisory meeting on the proposed regulation for workplace violence in general industry. The agency will receive input on the proposal to implement existing California Labor Code section 6401.9.
Misc. Rulemakings
Draft regulations and advisory committee meetings will likely be scheduled for revisions to heat illness prevention and wildfire smoke. These rulemaking requirements stem from legislation requiring Cal/OSHA to review the existing regulations.
For COVID-19, as the non-emergency rule begins to sunset at the end of February 2025, the agency expects to publish a discussion draft and schedule an advisory committee meeting for a permanent infectious disease or aerosol transmissible diseases standard.
Cal/OSHA is also anticipating 2025 to bring formal rulemaking for revisions to the First Aid requirements.
Standards Board Welcomes New Board Member
In November, the new Occupational Safety Representative, Derek Urwin, was sworn in as the newest member of the Standards Board. Dr. Urwin is an Assistant Adjunct Professor of Chemistry & Biochemistry at UCLA and an engineer with the Los Angeles County Fire Department.
DIR Director Update
During the December Standards Board meeting, DIR Director Katie Hagan provided an explanation for some of the hiring challenges Cal/OSHA has experienced, including the difficulties in finding candidates with minimum qualifications, particularly in rural areas, and in finding bilingual engineers and industrial hygienists. DIR continues to implement available strategies to continue hiring efforts and assess the workload for the agency.
The agency is certainly seeing the results of their commitment to hiring efforts as they fill vacancies at all levels and even add positions. Employers can expect enforcement efforts to increase as the agency continues to fill its ranks.
Cal/OSHA Has Two New Enforcement Units
Enforcement efforts will also increase with the addition of two new units. Cal/OSHA is in the process of building out the full capacity of its new Region 8 (Modesto, Fresno, Bakersfield). In addition, there is now an Agricultural Enforcement Task Force, focusing on agricultural employers and the safety and health of their workers. This is a state-wide unit and will run like the Labor Enforcement Task Force (LETF) or the High Hazard Unit, as its own unit with five district offices and multiple field offices.
[View source.]
