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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RIP ‘Godfather’ of Cal/OSHA Defense

Robert Peterson, the first chief counsel of the Cal/OSHA Appeals Board, who subsequently spent decades defending employers in citation cases, has died. He was 81. Peterson was a seminal figure in the development of Cal/OSHA’s legal underpinnings. “If you look back through the case law, it’s just peppered with Bob Peterson’s name,” says David Donnell, … Read More »

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‘Equitable Tolling’ Now Part of Cal/OSHA Appeals Process

The first test case for applying the principle of “equitable tolling” to Cal/OSHA citation cases saw a trial court reject an employer’s arguments, upholding a serious machine-guarding violation. But attorneys representing employers say the principle could prove a lifeline to cases – both to employers and to Cal/OSHA’s Division of Occupational Safety and Health. That … Read More »

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New Appeals Board Procedure

The Cal/OSHA Appeals Board is instituting a new procedure for conducting appeal status conferences. Beginning May 2nd, no longer will administrative law judges call each party to initiate the conference call. Instead, parties will be given conference line access for the appointed time. The Notice of Status Conference sent to each party in advance of … Read More »

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Major New Safety Laws in Effect

California employers find a changed landscape for 2021. Two bills signed last year are effective and require key industries to pay close attention to safety programs. SB 606 and AB 701 are the two most significant pieces of legislation from 2021. SB 606 is the most far-reaching – and potentially scary – new law. The … Read More »

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