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 Cal/OSHA’s Division of Occupational Safety and Health, according to an unpublished decision issued by the California Court of Appeal, correctly cited the warehouse for a violation of … Read More »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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Video Hearings Rule Finalized

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 … Read More »

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Fatalities: Resolutions and Lessons

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 … Read More »

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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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