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Seyfarth Synopsis: The California Division of Occupational Safety and Health (“Cal/OSHA”) has issued a proposed regulation (Section 331.8. Representatives during the Inspection) that allows employees to designate a representative, including another employee, a third party, or the collective bargaining representative, during workplace safety inspections conducted by Cal/OSHA.

The California Division of Occupational Safety and Health (“Cal/OSHA”) issued a Notice of…

Continue Reading Cal/OSHA’s Proposed “Walkaround Rule” Welcomes Unions into Private California Workplaces: Key Takeaways for California Employers

Seyfarth Synopsis: California and New York will soon be requiring Narcan in some workplace first aid kits. While Narcan provides a meaningful, prompt, and potentially lifesaving response to opioid overdoses, effective implementation of a Narcan program may require employee training and an expanded first aid response structure.

The Centers for Disease Control and Prevention (CDC) estimated 54,000 to 57,000 opioid‑related…

Continue Reading Preventing Workplace Overdose Deaths — New York and California Plan Narcan (Naloxone) Requirements

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and reflects stakeholder input gathered through the advisory committee process.

Key Proposed Revisions

Confronting Suspected Criminals

One of the most significant changes is the removal…

Continue Reading Update: Cal/OSHA Releases Revised Draft Workplace Violence Prevention Regulation, Strikes Prohibition on Confronting Shoplifters

Seyfarth Synopsis: On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom at the conclusion of the 2021-22 legislative session. These proposed changes alter how employers must respond to heat hazards, and introduce new…

Continue Reading Sweating the Details: Cal/OSHA Proposes Changes to Heat Regulations

Seyfarth Synopsis: As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program standard, making it prudent for employers to consider infectious disease prevention in their IIPP.

Since 2020, California employers have had to comply…

Continue Reading  That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired

Seyfarth Synopsis: Ongoing wildfires in Southern California trigger Cal/OSHA regulations that require employers to train and protect employees from wildfire smoke. The regulation applies to most outdoor workplaces, requiring employers to provide N95 respirators at certain AQI trigger levels, effective communication, and training on wildfire smoke hazards.

Devastating and fast-moving wildfires have destroyed thousands of homes and businesses in…

Continue Reading As Wildfires Rage in Los Angeles, Employers Must Comply with Cal/OSHA’s Wildfire Smoke Rules

By Daniel R. Birnbaum, Ilana R. Morady, Benjamin D. Briggs, and Patrick D. Joyce

Seyfarth Synopsis:  Following California’s Workplace Violence Prevention Plan regulation becoming effective, the California Division of Occupational Safety and Health (“Cal/OSHA”) recently published its draft Workplace Violence Prevention regulation.  It is seeking public comments by September 3, 2024, with an advisory committee…

Continue Reading Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry

By Patrick D. Joyce and Ilana Morady

Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by Governor Newsom. Cal/OSHA will convene an advisory committee on August 19, 2024 to solicit input.

Background

California employers may remember back…

Continue Reading California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations

By Patrick D. Joyce, Ilana Morady, and Daniel R. Birnbaum

Seyfarth Synopsis: On July 24, 2024, Cal/OSHA’s indoor heat rule was approved by the Office of Administrative Law (OAL) and filed with the Secretary of State (SOS), rendering the rule effective immediately.

If you’ve been following our postings, you know that last month the Cal/OSHA Standards Board voted…

Continue Reading Hot Fun in the Summertime: Cal/OSHA Indoor Heat Rule Effective Immediately

By Jacob Roes, Patrick Joyce, Ilana Morady, and Adam Young

Seyfarth Synopsis: The Cal/OSHA Standards Board unanimously voted to approve Cal/OSHA’s indoor heat rule at the June 20, 2024 Standards Board meeting. Employers should be prepared to comply within the next 30-60 days.

Originally expected to be approved at the Standards Board’s March 21, 2024…

Continue Reading The Heat is On: Cal/OSHA Indoor Heat Illness Standard Gains Unanimous Approval