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 …
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 …
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 …
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” …
California’s Office of Administrative Law has signed off on the Cal/OSHA Appeals Board’s regulation-making video hearings permanent. The revisions to Title 8 §§ 372.6, 372.8, 376, and 376.8 become effective on July 1st. The rules are intended to create a consistent system for video hearings. The lack of a formal system was a major complaint …
The Cal/OSHA Appeals Board has approved nine settlements in fatality cases, including one dating back a decade. Here are the results of these cases, and some compliance tips to help avoid similar tragedies. There is a huge takeaway and a common theme in the fines. The takeaway must be a question about how and why …
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 …
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 …