Nevada OSHA Targets Hospitality Industry

Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document was last updated in August 2021, the programmed inspections are continuing with local emphasis programs related to hotels (NAICS 721110) and casino-hotels (NAICS 721120).

 

Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard

On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same or similar standard in Oregon.”

 

Oregon OSHA Announces Schedule for Implementing COVID-19 Vaccine or Test Standard

Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an emergency temporary standard (ETS) related to COVID-19 that differs from the federal ETS, but Oregon OSHA’s ETS must be “as effective as” the federal ETS.

California Department of Public Health Issues Updated COVID-19 Quarantine Guidance

On December 30, 2021, the California Department of Public Health (CDPH) issued its updated “Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public.” With the updated guidance, the CDPH’s position appears to be consistent with the federal Centers for Disease Control and Prevention’s (CDC) recently revised recommended five-day isolation and quarantine period for the general population.

Federal OSHA’s COVID-19 ETS: Will It Change the Next ETS for California?

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The California Division of Occupational Safety and Health (Cal/OSHA) was planning to update and adopt new language for the California COVID-19 ETS that would take effect in January 2022. However, California’s proposed language for the revised ETS does not match the language of OSHA’s ETS, leaving many wondering if California will now revise the proposed language to bring the California ETS into alignment with the federal standard and proceed with the “Horcher” adoption process to quickly adopt the federal OSHA requirements.

The Keeping Workers Safe Act Introduced: Will OSHA Violations Be Widely Disseminated?

On October 22, 2021, Senator Dianne Feinstein, Senator Robert Menendez, and Senator Brian Schatz joined Representative Andy Levin of Michigan to introduce legislation to require the publication of alleged workplace safety violations. The Keeping Workers Safe Act would direct the Occupational Safety and Health Administration (OSHA) to announce major violations by employers and distribute them to local media and related labor and trade organizations, a practice that they believe will enhance workplace safety.

Governor Newsom Expected to Sign Bill Creating New Labor Code Violations, Expanding Cal/OSHA Subpoena Powers

The California Legislature will soon send Senate Bill (SB) No. 606 to Governor Gavin Newsom, who is likely to sign the bill into law. The bill would make substantial changes to the California Division of Occupational Safety and Health’s (Cal/OSHA) citation structure by creating two new categories of violations: “enterprise-wide” and “egregious.” The bill would also provide Cal/OSHA with additional subpoena power during investigations.

Los Angeles County Imposes Indoor Mask Requirement on Fully Vaccinated

On Friday, July 16, 2021, the Los Angeles County Department of Public Health (LACDPH) issued a health order requiring all individuals regardless of vaccination status to wear face coverings in “[a]ll indoor public settings, venues, gatherings, and businesses.”  The order’s list of locations in which all individuals must wear face coverings includes “offices, retail, restaurants, theaters, family entertainment centers, meetings, and state and local government offices serving the public.”

Oregon OSHA Enacts Emergency Rules to Protect Workers From Extreme Heat

On July 8, 2021, the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted temporary rules to bolster worker protections from the hazards of high and extreme heat, including requirements to provide shade, drinking water, cool-down breaks, an effective emergency medical plan, and training to all employees. Oregon OSHA adopted the Temporary Rules to Address Employee Exposure to High Ambient Temperatures on an emergency basis in response to direction from Oregon Governor Kate Brown, following a record-breaking heat wave that hit the Pacific Northwest in late June.

New Cal/OSHA COVID-19 Regulations Take Effect IMMEDIATELY

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergency Temporary Standards (ETS) finally became effective. The ETS bring substantial changes to the COVID-19 regulatory requirements with which employers have struggled since California’s Division of Occupational Safety and Health (Cal/OSHA) initial ETS took effect almost 7 months ago, on November 30, 2020.

Cal/OSHA Publishes Revised Proposed COVID-19 Emergency Temporary Standard Revisions for June 17 Standards Board Vote

On June 11, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) published proposed revisions to the current Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). On June 17, 2021, the Standards Board will meet again to vote on adopting proposed revisions. This is the third updated revision that the Standards Board has considered in the last month. Until the new ETS takes effect, employers must comply with the November 30, 2020, ETS, which remains in place.

California OSH Board Votes to Withdraw Latest Changes to the COVID-19 Emergency Temporary Standard and Vote on a New Revision on June 17, 2021

On June 9, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) voted to withdraw the previously submitted Emergency Temporary Standard (ETS) changes and instead consider further revisions at its June 17, 2021, meeting.

Surprise Flip-Flop at Cal/OSHA Standards Board: Motion to Adopt Sweeping Changes to the COVID-19 Emergency Temporary Standard Passes

On June 3, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) was initially unable to pass the proposed changes to the COVID-19 Emergency Temporary Standard (ETS)  after a daylong online hearing with more than 500 individuals logged on to the meeting and 5 hours of public comment. The Standards Board had previously decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 ETS at their May 20, 2021, meeting and requested an updated revision for the June 3, 2021, vote. After a break in the proceedings, the Board agreed to have another vote and passed the proposed regulation in a stunning turn of events.

Cal/OSHA Standards Board Reschedules Vote on COVID-19 Emergency Temporary Standard Revisions

On May 20, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 Emergency Temporary Standard (ETS). Instead, the Standards Board requested that Cal/OSHA draft a new proposed regulation for the Standard Board’s consideration during a special June 3, 2021, meeting.

Cal/OSHA Requests Standards Board to Skip Vote at May 20, 2021, Meeting

On May 19, 2021, on the eve of a vote by the Occupational Safety and Health Standards Board to adopt proposed substantial changes to the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS), Deputy Chief of the Division of Occupational Safety and Health (commonly known as “Cal/OSHA”) Eric Berg asked that the Standards Board not vote the next day, on May 20, 2021, to adopt Cal/OSHA’s proposed ETS revisions.

Cal/OSHA Proposes Sweeping Changes to Its COVID-19 Prevention Emergency Temporary Standards

On November 30, 2020, California’s Division of Occupational Safety and Health, more commonly known as Cal/OSHA, adopted COVID-19 Prevention Emergency Temporary Standards (ETS) for California. Among other topics, the ETS required that employers develop a written COVID-19 Prevention Program and provided guidance on how employers should address COVID-19 cases and outbreaks in the workplace. Since Cal/OSHA issued its ETS, the California workplace landscape has changed dramatically, with large-scale vaccinations for all ages and employees returning to work across the state.

California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f).

California’s AB 1175: Advance Notice of Cal/OSHA Inspection of Worksites?

During the global COVID-19 pandemic, California Division of Occupational Safety and Health (Cal/OSHA) inspections have required greater coordination of personal protective equipment (PPE), remote witness interviews, social distancing at facilities, and visitor screenings. Wouldn’t it be more efficient if Cal/OSHA could call and arrange a worksite visit and witness interviews in a coordinated manner—saving money and resources while managing safe entry into a facility?

San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place

On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.

Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members

A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues to aggressively issue “serious” classification citations to California employers. For example, Cal/OSHA issued “serious” and “willful-serious” citations with hundreds of thousands of dollars in penalties against a sister agency, the California Department of Corrections and Rehabilitation dba San Quentin State Prison, for COVID-19–related violations.

Cal/OSHA Updates Online Resources for California Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.

COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.

Cal/OSHA Issues FAQs Addressing COVID-19 Testing and Outbreaks Under the Emergency Temporary Standards

On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released an updated version of its frequently asked questions (FAQs) guidance, entitled “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” which includes information about COVID-19 Emergency Temporary Standards. The FAQs address a number of issues about COVID-19 testing and outbreak procedures and processes.

Cal/OSHA Clarifies COVID-19–Related Paid Time Off Requirements

On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) issued an updated version of its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” about COVID-19 Emergency Temporary Standards. The FAQs address many issues about which employers had questions, including paid time off and exclusion pay.

California’s New COVID-19 Executive Order: How It Changes the Cal/OSHA Emergency Standard

Less than one month after the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation, Governor Newsom made changes to the regulation adding clarity and suspending the prescribed quarantine period of 14 days to the extent that the 14 days is longer than the quarantine period recommended by the California Department of Public Health.