California’s Workplace Violence Prevention Bill Passes Assembly Appropriations Committee With New Amendments

On August 28, 2023, California State Senator Dave Cortese (D-15) announced last-minute amendments to Senate Bill (SB) No. 553. SB 553, if enacted, would require virtually every employer in California to adopt comprehensive workplace violence prevention plans, starting on July 1, 2024.

Cal/OSHA Standards Board Receives More Public Comments on Proposed Indoor Heat Illness Prevention Standard

On August 17, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board held its monthly meeting and received public comments on the proposed indoor heat illness prevention standard. Multiple stakeholders expressed concerns about the proposed regulation’s overbroad scope, lack of scientific data to support the control measures, and foreseeable undue burden on employers.

Cal/OSHA Advisory Committee Takes Up Proposed Emergency Regulation on Respirable Crystalline Silica Exposure

On August 9, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) convened an advisory committee to provide input on proposed emergency changes to Title 8, section 5204, Occupational Exposures to Respirable Crystalline Silica, of the California Code of Regulations.

California OSHA Standards Board Moves Closer to Vote on Indoor Heat Illness Standard

On August 4, 2023, the California Occupational Safety and Health Standards Board (OSHSB) issued its notice to amend the existing Title 8 of the California Code of Regulations to add section 3396, heat illness prevention in indoor places of employment. The Standards Board received public comments regarding the proposed regulation on May 19, 2023. On August 4,2023, the Standards Board opened the 15-day notice comment period, which ends on August 22, 2023.

Cal/OSHA Standards Board Considers ETS for Respirable Crystalline Silica Exposure in Engineered Stone Fabrication Industry

On July 20, 2023, the California Division of Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) held its monthly meeting and received public comments on Petition File No. 597, a proposal to amend Title 8, General Industry Safety Orders, Section 5204 of the California Code of Regulations to require stricter control measures concerning respirable crystalline silica exposure for workers in the engineered stone fabrication industry.

California’s Workplace Violence Bill Heavily Amended for Virtually All Employers

On February 15, 2023, California State Senator Dave Cortese (D-15) introduced Senate Bill (SB) No. 553, which originally aimed to require the California Division of Occupational Safety and Health (Cal/OSHA) to adopt regulations requiring general industry employers to adopt a workplace violence prevention plan as part of the employer’s injury and illness prevention plan.

OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Facilities

The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in Healthcare and Social Assistance.” On March 1, 2023, OSHA convened a Small Business Advocacy Review (SBAR) panel—an initial step in formulating a new standard that gives representatives of small businesses and small local government entities an opportunity for input.

Cal/OSHA Standards Board Publishes Proposed Indoor Heat Illness Prevention Standard: It’s Getting Hot in Here

The California Division of Occupational Safety and Health Standards Board recently published the official draft version of an indoor heat illness prevention standard. The new proposed regulation would apply to indoor places of employment when the temperature reaches at least 82 degrees Fahrenheit when employees are present.

Washington’s Department of Labor and Industries Proposes Changes to Permanent Heat Illness Prevention Rules for Outdoor Workers

In 2022, Washington State’s Department of Labor and Industries (L&I) drafted permanent workplace safety rules aimed at protecting workers from outdoor heat exposure. On March 21, 2023, L&I filed proposed updates to the rule that would broaden the protections for outdoor workers in Washington. This continued evolution of heat illness regulations in Washington is an important development for employers with outdoor workers.

Ogletree Deakins OSHA Tracker City Feature: Seattle, Las Vegas Had Most OSHA Inspections

In December 2022, Ogletree Deakins launched its OSHA Tracker based on analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s. Now, in addition to featuring individual state data and OSHA regional information, the OSHA Tracker has been enhanced with city information.

New California Bill Aims to Require Cal/OSHA to Adopt General Industry Workplace Violence Prevention Regulations

Workplace violence is a serious concern for California employers in all industries, but the state’s workplace violence prevention regulations are currently applicable only to the healthcare industry. A bill recently introduced in the California Legislature would require the state’s occupational safety and health regulator to broaden the scope of workplace violence prevention regulations.

California Assembly Bill Pushes for Women’s Designated Restrooms on Jobsites

On February 7, 2023, California Assembly Member Rebecca Bauer-Kahan (D-16) introduced Assembly Bill (AB) No. 521, which calls on the California Division of Occupational Safety and Health (Cal/OSHA) to submit a rulemaking proposal to the Occupational Safety and Health Standards Board that would “require at least one women’s designated restroom for jobsites with two or more required water closets.”

Cal/OSHA and Workplace Violence Prevention: What Is an Employer’s Duty Under Current Standards and Guidelines?

Workplace violence is a growing concern in California and across the country, as evidenced by numerous recent tragic incidents in the news. These recent incidents may highlight for employers the importance of taking steps to prevent and respond to workplace violence, and they may also leave employers wondering about their obligations under workplace safety laws with regard to workplace violence prevention.

Cal/OSHA’s COVID-19 ETS Will Remain in Effect Pending OAL Approval of COVID-19 Prevention Non-Emergency Regulations

New COVID-19 prevention regulations adopted by the California Occupational Safety and Health Standards Board on December 15, 2022, were sent to the Office of Administrative Law (OAL) for approval. The new regulations will not take effect until approved by OAL, which has thirty working days to complete its review.

California Judge Temporarily Enjoins Implementation of FAST Recovery Act

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the provisions of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act).

California Occupational Safety and Health Standards Board Approves Final Language for Cal/OSHA’s COVID-19 Regulation

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation, modifying Title 8 of the General Industry Safety Orders. The regulation passed, 6–1, in a near-unanimous vote of the seven-member Standards Board.

Ogletree Deakins Launches Interactive OSHA Tracker Tool

Analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s, can help employers forecast and spot enforcement trends and changes, identify new and emerging issues, and correlate information to make unique connections that may not be readily apparent. To assist employers, Ogletree Deakins has developed the OSHA Tracker, a purpose-built resource designed to provide clients and consumers with easy-to-use search tools and filters to convert OSHA data into more digestible and useful information.

Cal/OSHA Proposes Final Language for COVID-19 Regulation to Be Voted on November 17, 2022, at Standards Board Meeting

Following on the California Department of Public Health’s (CDPH) issuance on October 14, 2022, of a State Public Health Officer (SPHO) order that clarified the definition of “close contact” and “infectious period” to provide entities with strategies for working together, the California Occupational Safety and Health Standards Board issued a fifteen-day notice with requests for written comments on proposed updated COVID-19 regulations to Title 8 of the General Industry Safety Orders.

CDPH Order Updates Definitions of ‘Close Contact’ and ‘Infectious Period,’ Clarifies What Is and Is Not Mandatory

On October 14, 2022, California Department of Public Health (CDPH) Director Tomás J. Aragόn issued a State Public Health Officer Order further clarifying the definitions of “close contact” and “infectious period” to provide entities and individuals with strategies for working together in a post-COVID-19 workplace.

California Takes Initial Steps to Adopt Revised Heat Illness and Wildfire Smoke Standards

On September 29, 2022, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 2243, an amendment to section 6721 of the California Labor Code that will ultimately lead to changes to the California Division of Occupational Safety and Health’s (Cal/OSHA) heat illness and wildfire smoke standards (sections 3395 and 5141.1 of Title 8 of the California Code of Regulations).