FLASH REPORTS

Flash: Murder Charges in Esparto Fireworks Blast

Grand Jury Indicts Seven in 2025 Explosion

Flash: Legislators Hold Cal/OSHA’s Feet to the Fire

Leaders of the Division of Occupational Safety and Health got a four-hour grilling by state legislators in the wake of a critical state audit. The fire is still hot. Click here to read about it…

ARTICLES

D.A. Alleges Murder, Conspiracy in Esparto Explosion

A massive explosion in July 2025 killed seven workers. Now, Yolo County has indicted seven individuals for murder and other charges in this important case.

New VPP and Golden Gate Employers

Five California employers have qualified for Cal/OSHA’s Voluntary Protection Program, and thirteen more for Golden Gate safety recognition programs. Here are the latest VPP and Golden Gate recipients.

Due Diligence Appeal Not Dead Yet

The Cal/OSHA Appeals Board overturned an ALJ's decision that absolved a general contractor based on "due diligence" in an injury case. But then the employer pointed out that the Board missed some important information. Here's what happened next.

More Citations in 2025 Fatality Cases

Cal/OSHA has cited several employers in fatality cases from the latter half of 2025. Here are the cases and the agency's citations.

Workplace Fatality Update

Here are the latest fatal workplace incidents from around California.

California’s Ag Workforce of the Future

Ag employers need skilled labor to meet future needs, and farmworkers need opportunities to enhance their futures. Here's where a Central Valley college is working to bridge that gap.

PEL Committee to Resume

After a more-than-six-year hiatus, Cal/OSHA’s committee to recommend changes to the airborne contaminants’ permissible exposure limits will be back in action later this month. Here’s what to expect and how to get involved.

Legislation Seeks Regulatory Protections for Pollution from Mexico

Polluted water from Mexico plagues San Diego beaches and environs. It is clearly a hazard to the public, but are more regulations needed to address employee safety? Is it a workplace hazard? One San Diego County legislator thinks so, and here’s what she proposes to do about it.

CASES

PERRY C. THOMAS CONSTRUCTION, INC.

49 COR 40-961 [¶23,399]

EXCAVATION PROTECTIVE SYSTEM
Title 8, California Code of Regulations, §1541(j)(2) –
The proffered evidence established Employer failed to ensure that material was not protected from falling into the excavation by a retaining device or other methods.

SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION –
Labor Code §6432 (c) –
Citation 1, Item 2 was properly classified as Serious.  Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, and Item 2 were affirmed, and penalties were assessed for a total of $3,375.

Digest of COSHAB ALJ’s Decision dated March 20, 2026, Inspection No. 1547223 (Vernon)

CASTON, INC.

49 COR 40-9057 [¶23,396]

MOTION TO AMEND CITATION
Title 8, California Code of Regulations, §371.2 –
The Division failed to follow the procedure for amending citations.  

AFFIRMATIVE DEFENSE –
Independent Employee Action Defense –
Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof.

ASSESSMENT OF CIVIL PENALTIES –
Citation 2 was affirmed, and the proposed penalty was deemed reasonable.

Digest of COSHAB ALJ’s Decision dated Mar. 11, 2026, Inspection No. 1568389 (Claremont)

YUBA COUNTY SHERIFF’S OFFICE

49 COR 40-9059 [¶23,398R]

ORDER – INTERLOCUTORY
Labor Code §6614  –
The Division’s petition was interlocutory in nature because the order from which it sought reconsideration, the denial of the Division’s Motion Concerning Hearing Dates, was not a final order. The Board denied the petition for reconsideration.

Digest of COSHAB’s Decision After Reconsideration dated March 25, 2026, Inspection No. 1820991.

 

LOS ANGELES COUNTY PROBATION DEPARTMENT DBA BARRY J. NIDORF JUVENILE HALL

49 COR 40-9058 [¶23,397]

FAILURE TO REPORT SERIOUS INJURY
Title 8, Cal. Code of Regulations, §342(a)
The proffered evidence showed the Division failed to establish when Employer knew or would have known, with diligent inquiry, that the injury constituted a serious reportable injury.

INJURY AND ILLNESS PREVENTION PROGRAM –
Title 8, Cal. Code of Regulations, sections 3203(a)(6) and (7)
The Division failed to present evidence that Employer did not implement procedures to identify and evaluate hazards or take corrective action.  The evidence proffered showed that Employer implemented training provisions in accordance with its IIPP.

ASSESSMENT OF CIVIL PENALTIES –
The citations were vacated.

Digest of COSHAB ALJ’s Decision dated March 10, 2026, Inspection No 1652861 (Sylmar)

 

TESLA, INC. DBA TESLA MOTORS, INC.

49 COR 40-9053 [¶23,394]

OPERATION OF INDUSTRIAL TRUCKS –
Title 8, California Code of Regulations, §3650(t)(33) –
The Division established that Employer failed to ensure the use of an operator restraint system (seatbelt) when forklifts were operated.

 AFFIRMATIVE DEFENSE –
Independent Employee Action Defense –
Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof.

REPEAT GENERAL CLASSIFICATION –
Title 8, California Code of Regulations, §334(d) –
The proffered evidence established that Employer received a citation involving substantially similar regulatory requirements and essentially similar conditions or hazards within five years from the date the previous citation became final.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1 was affirmed and the adjusted penalty was deemed reasonable.

 Digest of COSHAB ALJ’s Decision dated Feb. 27, 2026,  Inspection No. 1603753 (Fremont)

 

 

MCCARTHY BUILDING COMPANIES, INC.

49 COR 40-9054 [¶23,395R]

MEDICAL EVALUATION –
Title 8, California Code of Regulations, §5144(e)(1)
The Appeals Board concluded that Employer required the use of respirators in some instances without medically evaluating the employees as required.  Citation 1, Item 1 was affirmed.

 INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) –
Title 8, California Code of Regulations, §1509(a) and §3203(a)(6)
The Appeals Board concluded that Employer effectively implemented its IIPP which included methods and/or procedures for correcting unsafe or unhealthy work hazards. Citation 2 was vacated.

CONTROL OF OCCUPATIONAL DISEASES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, PERMISSIBLE PRACTICE –
Title 8, California Code of Regulations, §5144(a)(1)
The Appeals Board concluded that cocci spores met the definition of harmful dust and the hazard presented by cocci spores in outdoor workplaces was applicable to the safety order.  The proffered evidence showed that the Division failed to demonstrate employee exposure to the hazard.  Citation 3 was vacated.

STATUTE OF LIMITATIONS –
Labor Code §6317
The proffered evidence showed that each violation was ongoing in nature and constituted a continuing violation.  The Division was not barred from issuing Citation 2.

 MULTI-EMPLOYER WORKSITE – CONTROLLING EMPLOYER, DUE DILIGENCE
Title 8, California Code of Regulations, §336.10
The Appeals Board concluded that Employer did not implement an effective system for promptly correcting hazards.  Employer did not prove the due diligence defense. Citation 1, Item 1 was affirmed.

Digest of COSHAB’s Decision After Reconsideration dated March 12, 2026, Inspection No. 1235941.

TAD VAN NGUYEN

49 COR 40-9049 [¶23,392R]

PETITION FOR RECONSIDERATION –
Title 8, California Code of Regulations, §6614(a) –
The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated March 13, 2026, Inspection No. 1628750.

 

KPRS CONSTRUCTION SERVICES, INC

49 COR 40-9049 [¶23,393R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) –
Title 8, California Code of Regulations, §3203(a)(4) and (6)
The Appeals Board agreed with the ALJ’s Decision which found that Employer failed to effectively implement its IIPP by identifying, evaluating and correcting hazards.

 UNGUARDED ROOF HATCH OPENING –
Title 8, California Code of Regulations, §1632(b)(1)
The Appeals Board agreed with the ALJ’s Decision which found that Employer failed to ensure a hatch opening was labeled and secured.

MULTI-EMPLOYER WORKSITE – CONTROLLING EMPLOYER, DUE DILIGENCE
Title 8, California Code of Regulations, §336.10
The Appeals Board reversed the ALJ Decision. Employer did not establish that it acted with due diligence in fulfilling its responsibilities as controlling employer.

Digest of COSHAB’s Decision After Reconsideration dated March 12, 2026, Inspection No. 1371294.