Compliance Stuff

  In a significant decision regarding workplace inspections, the California Occupational Safety and Health Appeals Board (OSHAB) upheld citations against a California employer after finding the employer had consented to an inspection when a third-party individual who was not an employee and did not have actual authority to consent cooperated with an inspector. Quick Hits The California OSHAB ruled that an employer can imply consent to a Cal/OSHA inspection through the actions of a third party, even if that individual lacks actual authority to grant such consent. The board held that Cal/OSHA may establish a  prima facie  case that an employer did not maintain required records by showing that the employer failed to comply with requests for such records, which shifts the burden of proof to an employer to show that the records do exist. The board clarified that a single violation of an IIPP can be the basis for a “serious” violation of employers’ duty to identify and correct...

Seyfarth Synopsis:   The State of Washington is proposing a new workplace safety rule that allows employees to designate a non-employee third-party representative—including unrelated union activists—during workplace safety inspections conducted by the Washington Department of Labor & Industries, aligning with a recent federal OSHA rule. This move could significantly impact workplace safety protocols and employer obligations. Stay tuned as we delve into the details of this proposal, its legal challenges, and what it means for businesses in Washington. The State of Washington proposed a new workplace safety rule allowing employees to designate a non-employee third-party representative to accompany Washington Department of Labor & Industries (L&I) inspectors during a workplace safety and health inspection . L&I’s proposal to expand access for unions follows the federal government’s lead due to an OSHA rule that became effective May 31, 2024. Employers have challenged ...