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Non-Emergency COVID-19 Standard Passed by Cal/OSHA

On December 15, 2022, the Cal/OSHA Standards Board held its final meeting of 2022 and adopted the COVID-19 Prevention Non-Emergency Regulations. The COVID-19 Emergency Temporary Standards (ETS)will continue to remain in...more

COVID-19 ETS May Be Sunsetting But A New Dawn of a New Permanent Standard is Rising

On December 31, 2022, Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS) finally sunset. However, the Standards Board has been working to pass a permanent standard to ensure it is in place before the expiration of the...more

California Department of Public Health Updates Definition of Close Contact

Previously, the California Department of Public Health (CDPH) had redefined “close contact’ as someone sharing the same indoor airspace with a person who had COVID-19 for a cumulative total of 15 minutes or more over a...more

It’s Not a Set Up: Enhanced Workplace Safety Training Requirements for Live Events at Public Venues

As part of the recent legislative session, Governor Newsom signed Assembly Bill (AB) 1775, which implements new workplace safety training and certification requirements for entertainment events vendors who produce live events...more

COVID-19 Employee Notice Requirements Revamped and Extended Until 2024

On September 29, 2022, California’s Governor signed Assembly Bill (AB) 2693, which amends and extends COVID-19 workplace notice requirements until January 1, 2024. ...more

Cal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?

It may come as a surprise to some, but Cal/OSHA’s workplace violence regulations currently apply only to the Health Care Industry. Cal/OSHA plans to change that. Right now, for non-healthcare industries, Cal/OSHA regulates...more

Beat the Heat and Citations – Review Your California Heat Illness Prevention Plan and Procedures

As we head into the summer months, employers with outdoor worksites in California may wish to review their Heat Illness Prevention Plans (HIPP) and obligations under Cal/OSHA’s outdoor heat illness prevention standard....more

Cal/OSHA Releases Updated FAQs & Fact Sheets for Third Readoption of ETS

At the end of April, the Cal/OSHA Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). The revised version of the ETS took effect on May 6, 2022....more

California DIR Takes Aim at Public Works Construction Sites – Construction Employers Should Review Workplace Safety Compliance

The Department of Industrial Relations’ (DIR) Labor Enforcement Task Force (LETF) has announced an initiative to inspect publicly funded construction sites to ensure employers provide worker’s compensation and follow labor...more

300A Alert! Reminder to Post and Report Annual Summary of Work-Related Injuries and Illnesses

California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April...more

Cal/OSHA Again Delays a Vote to Adopt the Federal ETS But Provides Additional Cal/OSHA ETS Guidance

At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal. This comes shortly after the U.S. Supreme...more

Cal/OSHA and CDPH Issue Clarifying Guidance on Isolation and Quarantine Requirements

At the end of the year, California’s Department of Public Health (CDPH) issued updated guidance regarding Isolation and Quarantine, which applied to workplaces per the Governor’s prior Executive Order. The timing of this...more

Cal/OSHA’s ETS is Amended and Extended to April 2022

On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) with several revisions. This amended readoption of the ETS will go into effect on January 14, 2022,...more

Cal/OSHA Proposes to Expand COVID-19 Emergency Temporary Standards Through April 2022

Since the drama in passing the amended COVID-19 Emergency Temporary Standards (ETS) in June, the Cal/OSHA Board has been relatively quiet, though discussing a more permanent COVID-19 Standard. In the meantime, federal OSHA...more

AB 5 Past and Present – What You Need to Know

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

Federal OSHA Threatening to Pull the Plug on State Plans Refusing to Enforce Healthcare ETS

Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states,...more

Motion for Class Certification Denied: Plaintiff Who Released ERISA Claims Deemed Unfit to Lead Class

Can a former employee serve as a class representative for ERISA claims when she has signed a general release agreement and has waived her right to participate in class actions? According to a recent decision by the District...more

Cal/OSHA’s ETS Self-Quarantine Requirements Slightly Relaxed for Asymptomatic, Unvaccinated Workers Based on New CDPH Guidance

Without any fanfare, Cal/OSHA updated its FAQs for the emergency temporary standards (ETS) on September 21, 2021, to incorporate new guidance from the California Department of Public Health (CDPH)...more

California Expands PPE Stockpile And Employee Training Requirements To Address Wildfire Smoke Events

On September 27, 2021, the Governor of California signed Assembly Bill 73 (AB 73) which expands worker protections from wildfire smoke. In response to the COVID-19 pandemic, California enacted Health & Safety Code...more

Cal/OSHA Wildfire Safety Requirements Apply To More Than Outdoor Worksites

Historically, California has experienced the most destructive wildfires in the months of September and October. As we head into those months, employers should make sure they are familiar with California’s wildfire smoke...more

Mask Mandates After State-Wide Mask Recommendations – Are More Restrictions To Follow?

On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the...more

Without Much Ado, Cal OSHA Updates Guidance Regarding Vaccinated Individuals

As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary...more

Coming Soon: Revisions To Cal OSHA’s COVID-19 Emergency Temporary Standards Anticipated By June 2021

In November 2020, Cal OSHA passed the COVID-19 Emergency Temporary Standards (ETS). Currently, the Standards are set to expire on October 2, 2021. As outlined in prior articles, the ETS require that employers:...more

Ask A Litigator: What Should Employers Know About The Interactive Process?

As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more

Cal OSHA Offers Additional Guidance For Its COVID-19 Emergency Temporary Standards: Testing Sites And Scope Of Coverage

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new...more

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