Blog Archives

DOSH and Tosco Resolved Appealed Issues

Tosco appealed the Cal-OSHA citation, which listed 20 items, most violations of the Process Safety Management (PSM) standard, with three characterized as willful/serious carrying proposed penalties of $70,000 each. In April 1998, attorneys for the Division of Occupational Safety and Health (DOSH) and Tosco submitted to the Appeals Board a written motion titled “Stipulation for … Read More »

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Peculiar Twist to a Cause of Action’s Death

OAKLAND, CA. — The demise of “peculiar risk” as an avenue of civil litigation may actually be leading to a rise in court cases, says San Francisco occupational safety and health attorney Fred Walter. Now that plaintiffs’ attorneys have to show actual negligence on the part of defendants in injury cases, the lawyers “are suing … Read More »

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War on Workplace Lawsuits

Human resources (HR) executives are taking “strategic action” to prevent workplace lawsuits, according to a survey of HR professionals. Among the measures HR departments are taking, 86 percent of respondents said their companies had created written HR policy manuals; 63 percent train their managers and supervisors; 57 percent have employee grievance policies; 51 percent have … Read More »

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Employers Ask Sacramento Superior Court to Overturn Dars

Three employer challenges to Cal-OSH Appeals Board Decisions After Reconsideration (DARs) may be heard in Sacramento Superior Court in December 1998. They are Rick’s Electric (Digest 19,154R), ARB, Inc. (Digest 19,144R) and Rudolph & Sletten, Inc. (Digest 19,277R). In each case the Administrative Law Judge (ALJ) decisions were reversed by the Board. ARB was cited … Read More »

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Cal/Vpp Program Is Expanding

In response to interest expressed by employers engaged in construction activities, with labor’s participation, the California Voluntary Protection Program (CAL/VPP) is testing a pilot construction VPP. The participants are Airco Mechanical, Inc., in Sacramento, Contra Costa Electric in Martinez and Swinerton & Walberg in Concord. (Also see NEWS p. 00-6881.) Whether at fixed or moving … Read More »

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Anaheim’s Safety Program Stresses Preventing Accidents by Predicting Them

SOUTH SAN FRANCISCO — For David Pine, safety manager for the City of Anaheim, it’s not just an axiom, it’s the guiding force behind the program he oversees: “If it’s predictable, it’s preventable.” Pine, who presented a session on effective public employer safety programs at the Cal-OSHA Reporter’s 25th Anniversary Conference, says it may not … Read More »

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Compliance With Hcs Is Compliance With Prop. 65

Could the end be near for efforts to base Proposition 65 lawsuits on occupational issues by means of the Hazard Communication Standard (HCS)? Could be. California voters adopted Prop. 65, the short name for the Safe Drinking Water and Toxic Enforcement Act, by ballot initiative in 1986. It allows private parties like As You Sow … Read More »

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Four Groups of Safety Orders Set for Review Dec. 17

Concluding its effort to perform a “Sunset Review” of Title 8 safety regulations, the Cal-OSH Standards Board will accept public comments on several sets of safety orders at its Dec. 17 public meeting in Sacramento. The board will hear comments on Mining Safety Orders, Ship Building, Ship Repairing and Ship Breaking Safety Orders, Tunnel Safety … Read More »

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