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Annual Cal/OSHA Enforcement and Regulatory Update
Presented by Andrew Sommer, Fred Walter, and Megan Shaked

This has been a challenging year for California employers navigating the COVID-19 pandemic with a set of ever-changing regulatory requirements, as well as a flurry of other new workplace safety laws the legislature passed towards the end of 2021. This update will cover the latest legislative and rulemaking developments concerning COVID-19, including the revised COVID-19 Emergency Temporary Standard and the “permanent” rule being considered. We will also cover other laws creating new workplace safety requirements and expanding the Division of Occupational Safety and Health’s (DOSH) enforcement authority.

During this webinar, participants will learn about:

• The revised California (or California and federal) COVID-19 Emergency Temporary Standard and the status of COVID-19 rulemaking, including the proposed “permanent” COVID-19 rule under consideration
• DOSH guidance on COVID-19 workplace safety rules
• Assembly Bill 701 – the “warehouse quota” law – providing a private right of action where an employer fails to disclose work quotas, or the quotas prevent compliance with meal and rest periods or other occupational health and safety laws
• Senate Bill 606, which broadly expands Cal/OSHA’s enforcement authority, and the penalty amounts employers may be assessed
• Assembly Bill 685, which provides Cal/OSHA with the power to shut down workplaces deemed an imminent hazard for Covid-19, increases employers’ reporting responsibilities and exempts Cal/OSHA from notifying the employer of its intent to issue a Serious-classified citation (the 1BGY letter) prior to issuance
• Other regulatory developments from the Standards Board, such as the status of the propose indoor heat illness rule
• Insight into DOSH enforcement trends and strategies for coping with the rapidly changing regulatory landscape

Mar 15, 2022 01:00 PM in Eastern Time (US and Canada)

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Andrew J. Sommer
Partner, Labor • Employment Practice and OSHA • Workplace Safety Groups, Conn Maciel Carey LLP
Andrew Sommer is a partner in Conn Maciel Carey’s San Francisco office. He advises employers on a wide range of labor and employment matters, and defends against claims of discrimination, harassment, whistleblowing, wage and hour violations and wrongful termination. Mr. Sommer also represents employers in inspections and enforcement actions involving Cal/OSHA.
Fred Walter
Of Counsel, OSHA • Workplace Safety Group, Conn Maciel Carey LLP
Fred Walter is Of Counsel in Conn Maciel Carey’s San Francisco, CA office, where he provides the full range of workplace safety and health law services, with a special focus on employers’ interactions with Cal/OSHA. Mr. Walter has spent more than 35 years working with employers, general counsel, safety directors, risk managers, human resources administrators and safety professionals defending OSHA and Cal/OSHA citations, as well as developing and auditing safety programs to answer regulatory mandates. He also represents employers in defense of “serious and willful misconduct” claims and provides crisis management services.
Megan S. Shaked
Associate, Conn Maciel Carey LLP
Megan S. Shaked is an associate in the San Francisco office of Conn Maciel Carey LLP. She represents employers on a wide range of employment matters, including claims of discrimination and harassment, wrongful termination, wage and hour violations and whistle blowing. She also represents clients against claims brought by patrons alleging lack of accessibility under Title III of the ADA and the California Unruh and Disabled Persons Acts.