Warehouse Quota Bill

There is a new bill in the California Legislature. AB 701, by Assemblyman Lorena Gonzalez (D-San Diego), takes aim at quotas for warehouse employees – most particularly Amazon. It would require employers to provide written descriptions of employee quotas, any adverse actions resulting from failure to meet the quota, and inform employees in writing when … Read More »

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Dem Seeks to Super-Size Cal/OSHA Penalties

Ostensibly aimed at “egregious and flagrant” COVID-19 violations among employers, a new bill in the California Legislature would ratchet up Cal/OSHA penalties for willful violations by allowing the agency to issue a separate violation – and a separate fine – for each exposed employee. Nothing in the bill limits its application to alleged COVID exposures. … Read More »

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Firefighters’ PPE Proposal Finally Published

More than six years after a state law mandated action, the Cal/OSHA Standards Board has published a rulemaking proposal to update Title 8 on firefighters’ personal protective equipment. The existing standards, General Industry Safety Orders §3403-3410 and 3411 have not been updated since the late 1980s. The proposal also would add a new section covering … Read More »

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Industry Group Seeks CPH Rule Update

A Title 8 rule on construction personnel hoists (CPHs) that hasn’t kept up with a national consensus standard has led to “inconsistent interpretations and citations from Cal/OSHA inspectors,” according to an industry group. The Construction Elevator Contractors Association (CECA) has petitioned the Standards Board to update Construction Safety Orders §1604.5(d)(2) and prevent the unwarranted violations. … Read More »

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Cal/OSHA Nails Roofer

Based on five sets of citations issued since 2013 that is says were not corrected, Cal/OSHA has hit Petersen-Dean, Inc., with willful citations for fall protection violations. The proposed penalties in the case are more than $146,000, including a whopping $127,254 for a willful-repeat-serious violation of the Title 8 roofing fall protection standard.  Cal/OSHA cited … Read More »

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Third-Party Suit Against Safety Consultant Proceeds

For the first time, a California appellate court has applied the common-law theory of “negligent undertaking” to a safety consultancy, allowing the parents of a deceased employee to sue the third-party safety consultant. The Appellate court reversed summary judgment in favor of the consultant and remanded the lawsuit back to Superior Court. It is a … Read More »

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Most Cited, Most Appealed Cal/OSHA Violations for 2017

Violations were up, as well as serious violations, for most of the 25 top “most cited” Title 8 standards in 2017, according to data released by the Division of Occupational Safety and Health. There are thousands of regulations making up Title 8. Few are ever cited as you can see by the charts herewith. Many … Read More »

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Reminder – Penalties Rising

The Department of Industrial Relations and Cal/OSHA have raised the maximum and minimum penalties for certain Title 8 violations, just months after a huge increase mandated by the U.S. Congress in 2017. The raises are for regulatory, general repeat and willful violations. The increases were effective January 8 and amount to 2.04113%, the percentage increase … Read More »

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