A Deeper Dive Into Cal/OSHA Litigation, Part Three: Due Process, Vagueness, and Independent Contractors

In this podcast, Amanda Mullane and Claudia Martorell provide an overview of the temporary COVID-19 policy permitting employers to inspect documents remotely for the Form I-9 and to complete the Form I-9 virtually until they returned to in-person operations or until the policy ended on July 31, 2023. Our speakers discuss the compliance expectations on employers, including details on the 30-day grace period (until August 30) to start verifying documents physically, and the exception permitting qualified employers to fulfill the inspection requirements remotely if they were enrolled in E-Verify at the time that the Form I-9 was completed. Our speakers focus on the significance of the shift from remote to in-person verification of documents, the rules on the use of authorized representatives, and the required notifications to employees.

This podcast takes a deep dive into the California outdoor heat illness standard with a focus on implementation and Cal/OSHA enforcement. Shareholders Kevin Bland and Karen Tynan discuss effective outdoor heat illness training practices for supervisors and employees, the benefits of onboarding training, and water and shade access requirements. Our speakers also offer best practices for employers implementing high heat procedures.

In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.