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Quick Hits
- On January 7, 2026, OSHAB hosted a roundtable discussion with stakeholders to exchange ideas on changing and improving Board processes and procedures.
- Several key members of Ogletree Deakins’ Workplace Safety and Health Practice Group attended the meeting and provided input.
A variety of topics were discussed at the stakeholders’ roundtable, with invitations to provide commentary and suggestions, including feedback on the following subjects:
- improved practices and procedural rules regarding party status;
- improved access to OSHAB decisions, including via OSHAB’s web page and online services, such as Westlaw and LexisNexis;
- amendments to procedural rules, including requests from workplace safety attorneys that there be more robust rules related to the disclosure of expert witnesses and new rules with deadlines for amending citations; and
- amendments and clarifications to discovery rules and motions to compel (these were requested by Cal/OSHA counsel).
Many stakeholders expressed concern that the procedural rules should be calibrated to avoid negatively impacting self-represented employers. In addition, there was a healthy dialogue regarding procedures for setting trials and other conferences that will provide the Appeals Board with ideas for improving efficiency and enhancing the effectiveness of hearings.
The most robust discussion surrounded proposals to adopt regulations allowing for dispositive motions. There were a variety of viewpoints expressed—some requesting the use of dispositive motions, such as motions to dismiss or summary judgment motions, and other perspectives, including from representatives of California’s Division of Occupational Safety and Health (Cal/OSHA), who expressed trepidation about increased motion practice and its impact on self-represented California employers.
The three-member Appeals Board panel encouraged ongoing stakeholder input and the submission of written comments to thoroughly evaluate potential changes to OSHAB’s procedures and regulations.
Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments regarding proposed changes to OSHAB’s processes and procedures and will provide updates on the California and Workplace Safety and Health blogs as additional information becomes available.
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