Regulatory Update


Workplace Violence Prevention Program

On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 553, which requires virtually every California employer to take certain steps to prevent or respond to workplace violence. The new law adds Section 6401.9 to the Labor Code and goes into effect on July 1, 2024.


Indoor Heat Illness Prevention Program

This proposed policy applies to all indoor places of employment where the temperature is 82 degrees Fahrenheit or higher with employees present, similar to the Outdoor Heat Illness Prevention Program.

This regulation will require measures for access to drinking water, cool-down areas, emergency responses, effective training, and a written Heat Illness Prevention Plan (HIPP).

The Cal-OSHA Standards Board was working to have this finalized in 2023. From attending the Standards Board meetings, it is my opinion that we will see this in effect by the summer of 2024.


Instance by Instance Citations

OSHA Regional Administrators and Area Directors now have the authority to cite certain types of violations as “instance-by-instance citations” for cases where the agency identifies “high gravity” serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance.

Instead of one citation and fine for a machine guarding or lockout/tagout violation, OSHA will write a citation for each piece of equipment in violation, for example, 3 pieces of equipment without lockout procedures would result in 3 separate citations and fines.


Personal Protective Equipment (PPE)

OSHA is proposing to revise its Personal Protective Equipment (PPE) standard to explicitly state that PPE must fit properly to protect workers from workplace hazards.

OSHA Rule Could Allow Union Representatives to Join Inspections – even at Non-Unionized Worksites

The Occupational Safety and Health Administration (OSHA) has proposed a rule that would allow employees to request that a non-governmental third party, which could be a representative from a labor union, to join an OSHA safety inspection of a non-union employer’s facility. The comment period ended November 13, 2023.

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M.R.S. OSHA Safety