Improving Workplace Safety: California OSHA Regulations 2018

The State of California, Division of Occupational Safety and Health, or Cal/OSHA, is working to achieve improved workplace environments in 2018. During the three scheduled meetings for the year, Cal/OSHA hopes to finalize regulations regarding significant workplace frustrations.

Major active shooter incidents within the country have forced employers to take a closer look at identifying and preventing workplace violence a whole. Additional issues of significance include battling the California heat and how the recently instituted cannabis laws will affect workplaces and employment. The results of the pending debates will undoubtedly alter workplace injury cases now and in the future.

By October 1, 2018, an advisory committee will present research findings to the Standards Board to include an evaluation of whether industry-specific standards are necessary for marijuana usage in the workplace. More specifically, the committee is asked to consider the following:

• Exposure effects of second-hand cannabis smoke;
• Combustion, fire, and explosion hazards;
• Potential armed robbery and workplace violence issues; and
• Repetitive strain injuries.

With an increase of active shooter incidents related to work environments, OSHA is pushing for more heavily regulated standards with regard to workplace violence. New standards, if implemented, will hold employees and employers accountable. If adopted, California will be the first state to issue general industry standards for this area. The proposed regulations define workplace violence as “any act or threat of violence in the workplace.”

At the March 1, 2018 conference, panelists discussed adding sexual harassment as a workplace violence issue. The argument for the inclusion of sexual harassment as a workplace violence issue is due to studies that show how sexual harassment manifests into physical symptoms for victimized employees. The concern is where that manifestation begins and thus results in an OSHA liability.

Indoor Heat Concerns

California temperatures can get hot, especially during the summer. OSHA is working to create standards to reduce the incidents of heat injury, particularly when the temperatures rise above 80 degrees Fahrenheit. OSHA is currently accepting comments on this issue, specifically about:

• Water provisions;
• Access to cool-down areas;
• High heat procedures;
• Prevention plans; and
• Emergency protocol.

When regulations fluctuate, it is essential to receive the most up-to-date information from a reliable source. Correct regulation facts become overwhelmingly necessary when you or a loved one sustains an injury at the workplace. The wrong information can destroy any potential claim.

If you have questions or concerns regarding workplace injuries, a knowledgeable San Jose, CA workplace injury attorney can help. The attorneys at Corsiglia McMahon & Allard, L.L.P. have extensive experience and a reputation that precedes them in court, earning past clients the compensation they deserved. Call us today at (408) 289-1417 for your free initial consultation or case evaluation.

• Heat Illness Prevention Discussion Draft for 2/8/18, Side-by-Side Comparison of Section 3395, Option A, Option B
• 2018 Meeting Schedule