Cal/OSHA Citations Following Fatalities

Here are some of the latest cases brought against employers regarding 2023 fatal workplace incidents. Most cases have been contested at the Cal/OSHA Appeals Board, of which two have been settled. Employers are presumed innocent in the appeals process.   Fatalities in Farmland The Division of Occupational Safety and Health has cited Woodland’s Payne Farms … Read More »

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Fatality Cases Resolved – May 17, 2024

Here are the results of 10 workplace fatality cases that were recently finalized in settlement agreements between the respective employers and Cal/OSHA’s Division of Occupational Safety and Health. The Appeals Board approved the deals. Crushing Incidents Hi Grade Materials Co.: This Hesperia construction materials producer will pay $51,030 (68%) of Cal/OSHA’s proposed $75,000 for citations … Read More »

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Appeals Board Video Hearing Rules Affirmed by State Court of Appeal

The California Court of Appeal has upheld a lower court ruling that denied a writ to invalidate emergency rules allowing video hearings, as promulgated by the Cal/OSHA Appeals Board. The ruling by the Third Appellate District rejects the appeal by MWL Solutions, Hampton Tedder Electric, and BMC West, filed by Donnell, Melgoza & Scates law … Read More »

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Appeals Court Rules on Foot Protection Case

Although Interline Brands’ San Bernardino facility (now known as Home Depot USA) has provided substantial foot protection for its warehouse workers, it didn’t provide it for all employees. Cal/OSHA’s Division of Occupational Safety and Health, according to an unpublished decision issued by the California Court of Appeal, correctly cited the warehouse for a violation of … Read More »

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Freyman Remains at Appeals Board

Judith Freyman, who has served as management representative for the Cal/OSHA Appeals Board for more than a decade, will serve one more term after being reappointed by Governor Gavin Newsom. First appointed in 2012, Freyman had been considering retirement. Before being appointed to the quasi-judicial board, she actively participated in the Cal/OSHA rulemaking process. Freyman … Read More »

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Fatality Cases Resolved – Nov 3, 2023

Here are the latest settlements of Cal/OSHA fatality cases, as recently approved by the Appeals Board. N.N. Jaeschke, a property management company based in Dallas, Texas, and operating in San Diego, will pay $6,075 (8%) of a proposed $80,675 in a June 2018 fall fatality. However, the direct employer of the deceased employee is still … Read More »

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And Now for Someone Completely Different — An Unusual DAR

This week’s Decisions section has unique case, to put it mildly. Or, as one veteran employer defense attorney tells Cal-OSHA Reporter, “Never seen anything like it.” It involves multiple requests to change administrative law judges, for reasons still somewhat murky, allegations that the Division of Occupational Safety and Health inaccurately described the circumstances of the … Read More »

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Appeals Board Seeks Tweaks

Those in the Cal/OSHA community who’ve been around a long time remember the bad old days when the Appeals Board had a considerable backlog. It was in the early 2000s and took years and considerable effort to clear. Beginning with the successful effort to clear the cases, the Board has taken on a “customer service” … Read More »

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