Cressinda ("Chris") D. SchlagBlog Posts
Oregon OSHA Moves Forward with COVID-19 Temporary StandardAs circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19. Rather than engage in rulemaking, OSHA has...… Continue ReadingOctober 7, 2020 |
Flip-flopping Guidance: The Saga ContinuesLast week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control and Prevention (“CDC”) rolled out...… Continue ReadingOctober 6, 2020 |
COVID-19 Reporting: An Employer’s NightmareIt is an unfortunate outcome of this pandemic that in the OSHA world, guidance lags behind enforcement. While state and federal agencies try to make up their minds on the best way of managing COVID-19 threats in the workplace, many employers who have to remain open are receiving citations and penalties for, essentially, making educated... Continue Reading…October 2, 2020 |
COVID-19 Reporting: An Employer’s NightmareIt is an unfortunate outcome of this pandemic that in the OSHA world, guidance lags behind enforcement. While state and federal agencies try to make up their minds on the best way of managing COVID-19 threats in the workplace, many employers who have to remain open are receiving citations and penalties for, essentially, making educated...… Continue ReadingOctober 2, 2020 |
Governor Signs Legislation Extending Safety Related Retaliation Protection to Domestic WorkersCalifornia law already prohibits employers from taking certain employment actions against an employee for refusing to work in some circumstances where there is a real or apparent safety hazard to the employee or other employees. On September 29, 2020, Governor Newsom signed Assembly Bill 2568, which extends that protection to include domestic work employees or... Continue ReadingSeptember 30, 2020 |
New Law Mandates Cal/OSHA’s Infection Prevention Outreach to Agricultural WorkersOn September 28, 2020, Governor Newsom signed Assembly Bill 2043 (“AB 2043”) which tasks the Division of Occupational Safety and Health within the Department of Industrial Relations (“Cal/OSHA”) with conducting a statewide outreach campaign to apprise Agricultural employees of best practices for coronavirus (“COVID-19”) infection prevention and their right to receive COVID-19-related employment benefits, including... Continue Reading…September 29, 2020 |
New Law Mandates Cal/OSHA’s Infection Prevention Outreach to Agricultural WorkersOn September 28, 2020, Governor Newsom signed Assembly Bill 2043 (“AB 2043”) which tasks the Division of Occupational Safety and Health within the Department of Industrial Relations (“Cal/OSHA”) with conducting a statewide outreach campaign to apprise Agricultural employees of best practices for coronavirus (“COVID-19”) infection prevention and their right to receive COVID-19-related employment benefits, including... Continue ReadingSeptember 29, 2020 |
Assembly Bill 685 Changes Employer Notification Requirements on COVID-19 and Enhances Cal OSHA Enforcement AbilitiesOn September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”). AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and prevent entry into workplaces that...… Continue ReadingSeptember 17, 2020 |
Assembly Bill 685 Changes Employer Notification Requirements on COVID-19 and Enhances Cal OSHA Enforcement AbilitiesOn September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”). AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and prevent entry into workplaces... Continue ReadingSeptember 17, 2020 |
Assembly Bill 685 Changes Employer Notification Requirements on COVID-19 and Enhances Cal OSHA Enforcement AbilitiesOn September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”). AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and prevent entry into workplaces... Continue Reading…September 17, 2020 |