Bill to Expand Cal/OSHA Powers

Senator Lena Gonzalez and co-author, Assemblyman Lorena Gonzalez, through SB 606, seek to apply Fed-OSHA’s “egregious employer” provisions to Cal/OSHA violations. But the bill is much more than just that concept. It also would give Cal/OSHA the ability to enforce provisions of the state Labor Code directly and would empower the agency to cite employers … Read More »

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Variance Keeps the Pressure Off Employees

A Los Angeles project’s huge tunnel boring machines need maintenance and inspection, but also needs to keep the tunnel face pressurized. Here’s how the construction company and Cal/OSHA have worked out procedures to keep these employees safe. The Cal/OSHA Standards Board has granted a variance from several Title 8 regulations so that employees of Tutor … Read More »

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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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