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.

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.

California Governor Marks Labor Day 2022 by Signing FAST Recovery Act Into Law

On September 5, 2022, California Governor Gavin Newsom marked Labor Day 2022 by signing Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), into law. The new law creates the Fast Food Council within the California Department of Industrial Relations, which is tasked with setting minimum standards for fast-food industry workers related to wages, health and safety conditions, security in the workplace, the time off from work for protected purposes, and protections from discrimination and harassment.

California Bill Aimed at Providing Increased Rights to Fast-Food Workers Sent to Governor for Signature

On August 29, 2022, the California Legislature passed a heavily amended version of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would provide increased rights to California’s more than 500,000 fast-food workers. The bill is now headed to Governor Gavin Newsom’s desk.

Cal/OSHA Standards Board’s Draft COVID-19 Prevention Regulation Scheduled to Take Effect January 1, 2023

On May 6, 2022, the State of California Office of Administrative Law (OAL) adopted the third revision of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 emergency temporary standards (ETS), which is effective through December 31, 2022. On June 16, 2022, the Cal/OSHA Standards Board released its COVID-19 draft regulation, which is scheduled to take effect on January 1, 2023.

California Department of Public Health Issues COVID-19 Guidance on Expanded Definition of ‘Close Contact’

On June 20, 2022, the California Department of Public Health (CDPH) issued COVID-19 guidance, titled “Isolation and Quarantine Q&A,” that offers insight into the recent change to the definition of “close contact.” On June 8, 2022, the CDPH issued a revised order with new definitions of “close contact” and “infectious period.” Because the June 8 order was an “order of the CDPH,” these revised definitions were immediately incorporated into the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) requirements for exclusion of close contacts, which in turn impacted employers’ obligations under the ETS.

CDPH Issues Updated Order Drastically Changing Employers’ Obligations Under Cal/OSHA COVID-19 ETS

Currently, the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) requires employers to review and use current California Department of Public Health (CDPH) guidance for persons who had close contact to an individual with COVID-19, including any guidance regarding quarantine or other measures after a close contact to reduce COVID-19 transmission. On June 8, 2022, the CDPH issued a revised order with new definitions. These revised definitions are therefore immediately incorporated in to the Cal/OSHA ETS requirements for exclusion of close contacts, which in turn impact employers’ obligations under the ETS.

Cal/OSHA Updates COVID-19 ETS FAQs and Issues Fact Sheet for California Employers

On May 7, 2022, the day after the latest revision to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) went into effect, Cal/OSHA issued updated answers to frequently asked questions (FAQs) and a fact sheet. The FAQs continue to evolve and change with each revision and readoption of the ETS. The FAQs now reflect the updated definitions, processes, and changes to the quarantine requirements for close contacts.

New California Bill Aims to Supersize Fast-Food Workers’ Rights

On January 31, 2022, the California State Assembly passed Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would potentially provide increased rights to the state’s more than 500,000 fast-food workers. If passed by the California State Senate and signed into law by Governor Gavin Newsom, the FAST Recovery Act would create the Fast Food Sector Council within the California Department of Industrial Relations (DIR) and add new statutory requirements aimed at holding fast-food franchisors liable for certain actions of its franchisees.

California’s Governor Newsom to Bring Back COVID-19 Supplemental Paid Sick Leave

On January 25, 2022, California Governor Gavin Newsom and California legislative leaders announced they have reached an agreement to require employers again to provide COVID-19 supplemental paid sick leave (SPSL), which expired on September 30, 2021.

Don’t Slip Up: When Are California Employers Required to Pay for Employees’ Shoes?

A hot-button issue in California is whether an employer is required to pay for or reimburse an employee for shoes that are required as a condition of employment. A recent ruling by the California Court of Appeal highlights the complexity of the issue and lack of concrete guidance on a critical question: whether California workplace safety law requires an employer to pay for nonspecialty safety shoes, such as generic steel-toe boots, that the employer allows the employee to wear off the jobsite.