Employers quite rightly complain about the sheer number, intrusiveness and plain weirdness of California employment laws. However, Cal-OSHA and its regulatory scheme have not been that different from Federal-OSHA regulation. Yes, California requires the Injury and Illness Prevention Plan (IIPP), but it’s not that burdensome a task. Cal-OSHA does present more exposure to criminal investigation filing a workplace fatality, but other states are following California’s lead. Traditionally, California has been more rational in its analysis of multi-employer worksites than the Feds or most other states. All this is to say, that we are not “Cal-OSHA bashers.”
These are the links I sent to F P attorneys after recently conducting an in-house session on our workplace safety practice. The focus of the links was not on building a safety culture, which is my favorite topic, or on the various labor and employment topics I regularly write upon.
These posts only deal with 2013 OSHA enforcement issues. These posts also do not include other attorneys' posts or great stuff from sites such as TLNT, EHS, etc.
I worry a great deal about employers being hit with "failure to abate" citations where OSHA determines n a subsequent inspection that the employer failed to abate items cited at past inspections. In actuality, while we have handled failure to abate citations, it's probably been 20 years since a current client was tagged for failure to abate. I find that OSHA is pretty disciplined about employing failure to abate citations, but that does not stop me from worrying. Why? Because any time humans are involved, there is a risk that something fell through the cracks.