Video Hearing Rules

Here’s how soon the rules could be in place and how they would work. The Cal/OSHA Appeals Board has submitted formal rules recognizing video hearings to the state Office of Administrative Law. Board Chair Ed Lowry says the rulemaking package likely will take effect on July 1st. California courts so far have backed the Board … Read More »

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DOSH Answers L&S Allegations

A Cal/OSHA Appeals Board Decision After Reconsideration that allowed the Division of Occupational Safety and Health to amend a citation after a hearing does not constitute a de facto “underground regulation.” At least so says the Division in a briefing to the California Court Appeal. It answers a briefing submitted earlier this year by the … Read More »

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Appeals Board Takes Up Case On Provision of Water

The Cal/OSHA Appeals Board has issued what amounts to a precedential decision on a key issue. The case narrows down what “as close as practicable” means in terms of providing water to prevent heat illness. The DAR also gives clarity on how a violation qualifies as a repeat. And in an unusual move,  the Board … Read More »

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Was a DAR an ‘Underground Regulation’?

A 10-foot fall by a construction worker at a Rancho Cordova residential project in 2016 turned into an almost eight-year legal battle between his employer and Cal/OSHA. The case, L&S Framing, has reached the California Court of Appeal, where the employer’s attorney, Manuel Melgoza, accuses the Appeals Board and Division of Occupational Safety and Health … Read More »

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A Whopping Penalty That Wasn’t

A review of recent employer settlements with the Cal/OSHA Appeals Board included one case that particularly stood out: Lamps Plus in Redlands appeared to face failure-to-abate (FTA) penalties of almost $353,000 in a foot-protection case. But the settlement order showed the violation of General Industry Safety Orders §3385(a) was “reclassified to repeat serious & reduced … Read More »

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More Talks on Walking / Working Surfaces

The Cal/OSHA Standards Board will hold another advisory committee meeting about making broad changes to regulations regarding so-called “walking/working surfaces.” The committee meets on February 22nd in Sacramento. This meeting will be the third convened by the board, following meetings in 2020 and 2022. Cal/OSHA is obligated to bring its regulations in line with the … Read More »

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Appeals Court Upholds Decision for Hirer

Ricky Miller, Jr., was an employee of Tri-Valley Amusement, Inc., owned by Charlie Gelatini. The Moose lodge hired Tri-Valley to move an ATM, and Miller and Gelantini were on hand for the project. Miller fell from a lodge-owned rolling scaffold while examining the ceiling to determine where he could run the ATM’s data cables. Miller … Read More »

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