Grand Jury Indicts Seven in 2025 Explosion

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…

DIR’s Director is leaving, and you may be a surprised to learn where she’s going and what she’ll be doing. Click here for the whole story.

“Moving fast and breaking things” can lead to mistakes. Now NIOSH is getting some of its people and programs back after recent cuts that have been described as “decimation.”

Now that the saga is close to coming to an end. Here's the latest from the Standards Board, and how you can weigh in.

Cal/OSHA recognizes employers' efforts to promote workplace safety and health. Here are the latest employers to qualify for well-deserved recognition.

This week has seen the annual Stand-Down to Prevent Falls in Construction. Here's the message one residential contractor gave to a project crew to underscore the safety message.

A long-running safety case involving a pinch point and crushing injuries gets its day in the Court of Appeals. Here's how the court ruled.

It's been more than 10 years since Cal/OSHA was poised to update its Elevator Safety Orders. That plan was delayed, then published recently, but delayed again. Here's why and how soon the update could resurface.

Cal/OSHA's Bureau of Investigations is in the midst of a rebuilding project. Here's the next phase it seeks to fund.

After a lengthy delay due to a personnel shortage, Cal/OSHA's Bureau of Investigations has published its 2024 report. Here's an update on cases that were referred and decided during that year.

Here are the latest workplace incidents from around California.

ESV 12-15-17

ESV 12-8-17

ESV 12-01-17

ESV 11-22-17

ESV 11-17-17

49 COR 40-9067 [¶23,402R]

AFFIRMATIVE DEFENSE –
Unexpected Extreme Departure Defense
The Board concluded that the evidence established that all three elements were demonstrated by Employer.

DUE PROCESS –
The Board concluded that the Division was not prejudiced by the post-submission amendment and that it was sufficiently provided with due process upon notice and the opportunity to present argument through the submission of briefs.

Digest of COSHAB’s Amended Decision After Remand from Superior Court dated April 4, 2026, Inspection No. 1040471.

 

49 COR 40-9063 [¶23,400]

PORTABLE LADDER TRAINING –
Title 8, Cal. Code of Regulations, §3276(f)
The proffered evidence showed the Division failed to meet its burden of proof to show Employer did not provide training on the safe use of ladders.

 LADDER USE ON ROLLING SCAFFOLDS –
Title 8, Cal. Code of Regulations, §1646(f)
The proffered evidence showed the Division failed to meet its burden of proof to show Employer allowed the use of rolling scaffolds to elevate ladder height.

Digest of COSHAB ALJ’s Decision dated March 27, 2026, Inspection No 1643382 (Ontario)

 

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)

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)

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.

 

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)

 

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)

 

 

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.