By David S. Wilson and Joshua A. Rodine
Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy considerations cautioned against imposing a tort duty to the members of an employee’s household. Kuciemba v. Victory Woodworks, Inc.
The Facts
Continue Reading California Supremes Set Bounds on Employer Duty to Non-Workers
By Ilana R. Morady, Adam R. Young, and Patrick D. Joyce
Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at the Standards Board May 18, 2023 meeting. The Standards Board
Continue Reading Cal/OSHA Turns Up The Heat on EmployersBy Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California starting on January 1, 2025.
Continue Reading New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western StatesBy Adam R. Young, Mark A. Lies, II, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Safety and health management systems (SHMSs) may demonstrate a commitment to improving safety and health outcomes, and reduce legal liabilities.
The federal OSHA standards mandate a series of written safety and health programs, depending on the hazards at the worksite,
Continue Reading OSHA Recommends a Safety and Health Management System — Does Your Business Need One?
By Ilana R. Morady, Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It
Continue Reading California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities
By Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Adam R. Young, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational Safety
Continue Reading Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking
By James L. Curtis, Ilana Morady, Adam R. Young, Patrick D. Joyce, Elizabeth M. Levy, Coby Turner, and Craig B. Simonsen
Seyfarth Synopsis: Cal/OSHA will hold a stakeholder meeting on the California OSHA COVID-19 emergency temporary standard (ETS), which became effective November 30, 2020 and includes new documentation, COVID-19 testing, earnings continuation, and
Continue Reading Cal/OSHA Stakeholder Meeting on COVID-19 ETS Rules
By Benjamin D. Briggs, Ilana R. Morady, and Patrick D. Joyce
Seyfarth Synopsis: Last month we blogged about the Cal/OSHA Occupational Safety and Health Standards Board’s unanimous vote for a COVID-19 temporary emergency standard and a permanent infectious diseases standard. Cal/OSHA was tasked with drafting proposed text for the temporary emergency standard by the Standard Board’s November
Continue Reading Cal/OSHA Moves Closer to Issuing New COVID-19 Emergency Temporary Standard
By Benjamin D. Briggs, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent infectious disease standard, with a deadline for consideration at their November 19
Continue Reading Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard
By Benjamin D. Briggs, Brent I. Clark, Mark A. Lies, II, Adam R. Young, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for
Continue Reading Cal/OSHA Cites Food Manufacturer and its Staffing Firm for Failing to Protect Hundreds of Workers from COVID-19 Exposure