Compliance Stuff

California recently released the latest iteration of its proposed regulatory standard to implement the state’s law imposing workplace violence prevention safety requirements on nearly every employer in California. A period of public comment on the proposal and the new revisions is open through June 1, 2026. Employers with any employees in California can consider whether they wish to comment. A final version accompanied by formal rulemaking support documents is expected to emerge in the coming months, likely without much variation from the recently released proposal. Employers can prepare for compliance by reviewing how the recent version differs from the requirements that already apply under Labor Code § 6401.9. How Did We Get Here? On September 30, 2023, California enacted SB 553 , the first general industry workplace violence prevention safety law in the country. Employers covered by the law, codified at Labor Code § 6401.9, already allocated considerable time, costs, and attention p...

On Friday, April 24, 2026, the California Occupational Safety and Health Standards Board released a  revised draft  workplace violence regulation for general industry that clarifies the definition of small employer and specifies the elements of a workplace violence prevention plan. 0:00 5:12 Quick Hits O n April 24, 2026, the Cal/OSHA Standards Board released a revised draft workplace violence rule that includes employer-provided transportation providing that the regulation applies to “all employers , employees, places of employment, employer-provided housing, and employer-provided transportation.” The revised draft clarifies that the regulation will not apply to employers when places of employment are not accessible to the public and the employer has fewer than a total of ten employees at the place of employment at all times during the preceding 365 days and is in compliance with the California injury and illness prevention plan regulations. The deadline for comments on the r...

In a significant broadening of vicarious liability for employers, the American Law Institute (ALI) recently approved a “Special Rule on Vicarious Liability for Sexual Assault” as part of the Third Restatement of Torts: Miscellaneous Provisions. This marks a notable deviation from the traditional imposition of vicarious liability on employers by imposing liability “even when the employee was not acting with a motive to serve the employer’s interest.” However, ALI has drafted this special rule with “significant guardrails” meant to temper the burden placed on employers. Quick Hits Recent case law has indicated a gradual shift toward holding employers liable for employees’ sexual misconduct. To expand this liability for employers while acknowledging the risk of creating too much liability, the rule only applies to sexual assault that meets specific criteria, including only applying in circumstances where the victim is “particularly vulnerable.” This rule only applies to employer-employee ...

Introduction OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. Unions often dispute staffing levels, complaining that employers have insufficient bargaining unit members and insufficient members with seniority. Individual complainants allege that they are left to work alone, have no backup in case of emergency, or are at enhanced risk of accident or workplace violence. OSHA duty officers normally tell complainants that there are  no written regulations addressing safe staffing levels , and that it is not unlawful to work alone. But employers would be wise to consider staffing levels to protect employees from recognized hazards . In many situations, appropriate staffing can reduce risks of accidents and slow-developing injuries, and ensure employee safety and emergency response. Accordingly, understanding of issues relating to safe staffing levels can be key to minimizing risks to OSHA c...

Seyfarth Synopsis : On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation. As we  previously blogged , on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the OSHA nominee was never put to a Senate confirmation vote and the position was left vacant.  Mr. Keeling has extensive experience in occupational safety from his tenure at two major logistics companies.  If confirmed in the position, we expected Mr. Keeling to adopt pro-employer positions and modernize workplace safety standards and regulations . The Senate has begun to assess Mr. Keeling’s nomination.  On June 5, 2025, Mr. Keeling testified before the Senate Health, Education, Labor and Pensions Committee, outlining his vision for workplace safety. 1. Modernization of Injury...