Cal-OSHA Confronted by Court Challenges

SAN DIEGO – Until recently, the Cal-OSHA program has not been beset by legal challenges as Fed-OSHA often is. But now, two very significant cases have appeared. (Not to mention Prop. 65 lawsuits, in which Cal-OSHA is only peripherally involved.) With the ergonomics standard, for which labor pushed hard, appeals of Judge Ford’s ruling will … Read More »

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‘Willful’ Classification Under Fire – in Arb and Rick’s Electric

SAN DIEGO – Cal-OSHA’s rules for classification of violations are found in Title 8 334; they are of concern to many because classification affects the amount of the penalty. (For several recent discussions of willful violations, see October 27, 1997, issue DECISIONS.) Now, two employers who were cited for willfuls, who lost both appeals and … Read More »

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Fed-OSHA’s Proposed Tuberculosis Standard

SAN DIEGO – The October 17, 1997, Federal Register contains copious information about Occupational Exposure to Tuberculosis. The proposed rule for 29 CFR Part 1910 runs from page 54160 to 54308. (It is followed in the FR by a proclamation about kiwi fruit research and promotion.) The proposal begins by calling TB a potentially lethal … Read More »

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On-the-Job TB Exposures in California

SAN DIEGO – Cal-OSHA’s small Medical Unit is keeping busy responding to complaints about exposures to tuberculosis in the workplace. There is a Policy & Procedure (C-47, and it’s on the Internet) for guidance. Because there is no worker protection standard, compliance people follow the P&P. Tam Smalstig, RN, told COR she and Joyce Simonowitz, … Read More »

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Unproved Assumptions Defeat RSI Lawsuit

SAN DIEGO – A federal appeals court in New Jersey has upheld a judge’s dismissal granted to IBM in a repetitive stress injuries (RSI) case. On November 6, 1997, the USCA third affirmed the trial court’s opinion in Schneck v. IBM. In his original opinion, Judge Garrett E. Brown Jr. stated, “Plaintiffs fail to offer … Read More »

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Water-Based Strippers Cut Fire and Health Hazards

LOS ANGELES – A study published recently by the Center to Protect Workers’ Rights (CPWR) shows that substituting water-based strippers and lacquers for solvent-based materials sharply reduces fire and health hazards for metal maintenance workers who maintain decorative finishes in buildings, including in elevators. “Solvents needlessly endanger workers, especially in closed areas such as elevators,” … Read More »

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Jeffress Sworn in

SAN DIEGO – Charles N. Jeffress of North Carolina was sworn in as Assistant Secretary of Labor for OSHA in a public ceremony held November 12 at noon. An informal reception followed, honoring Jeffress and thanking Gregory R. Watchman, who served for 10 months as acting assistant secretary.

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Four Workers Dead, Others Injured, After Toy Factory Explosion

SAN DIEGO – Deputy Chief Mark Carleson was asked, the day after a deadly accident in Los Angeles, to provide members of the Cal-OSHA Advisory Committee with an account of what was known about the explosion on November 5 at the Imperial Toy Corporation. Toy industry observers have estimated that more than 60 percent of … Read More »

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