Robert Rodriguez

1 month ago | jdsupra.com | Robert Rodriguez |Robert Rodríguez |Karen F. Tynan |Zachary Zagger

In a significant decision regarding workplace inspections, the California Occupational Safety and Health Appeals Board (OSHAB) upheld citations against a California employer after finding the employer had consented to an inspection when a third-party individual who was not an employee and did not have actual authority to consent cooperated with an inspector.

1 month ago | ogletree.com | Karen F. Tynan |Robert Rodriguez |Robert Rodríguez |Zachary Zagger

Quick HitsThe California OSHAB ruled that an employer can imply consent to a Cal/OSHA inspection through the actions of a third party, even if that individual lacks actual authority to grant such consent. The board held that Cal/OSHA may establish a prima facie case that an employer did not maintain required records by showing that the employer failed to comply with requests for such records, which shifts the burden of proof to an employer to show that the records do exist.

1 month ago | jdsupra.com | Robert Rodriguez |Robert Rodríguez |Karen F. Tynan |Zachary Zagger

Workplace violence continues to be a primary concern for employers and a challenge to maintaining workplace safety. Still, it is unclear whether there will be further movement on regulation at the federal level under the Trump administration. States are expected to pick up the slack on this issue, and lawmakers in several states in 2025 are already mulling bills to address workplace safety or expand existing regulations, particularly in the healthcare industry.

1 month ago | ogletree.com | Karen F. Tynan |Robert Rodriguez |Robert Rodríguez |Zachary Zagger

Quick HitsNumerous states are introducing or expanding workplace violence prevention laws, particularly in healthcare settings, to enhance employee safety amid rising concerns. Specific legislative proposals, such as Alaska’s SB 49 and Massachusetts’s HD.1856, require employers to implement risk assessments, create violence prevention plans, and provide training to protect employees from workplace violence.

Jan 23, 2025 | jdsupra.com | Robert Rodriguez |Robert Rodríguez |Karen F. Tynan

The last California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 regulation came into effect on February 3, 2023, with provisions scheduled to sunset on February 3, 2025. There have been no further regulatory developments or new regulations adopted, so all but one of the features of the regulation will no longer be in effect for California employers. Quick Hits Most of the current Cal/OSHA regulation ends on February 3, 2025.