Many major new OSHA regulations have arrived after the pandemic forced lawmakers to take a deeper look at labor protections. OSHA training is always important. It is especially key during major shifts for health and safety laws.
There are already hundreds of federal OSHA regulations employees and employers need to know. Additionally, 28 states have their own OSHA state programs for private, state, and local workers.
Do you work or employ people in California? Cal/OSHA regulations are some of the most comprehensive in the U.S. They require even higher standards than federal regulations.
If you're searching for a guide to California's current regulations and Cal/OSHA updates for 2022, look no further. We have all the information you need to know.
Federal OSHA approves and evaluates state programs. However, Cal/OSHA regulations supersede federal OSHA requirements.
Cal/OSHA requirements are both stricter and broader. They have higher standards that include more safety and labor issues than currently covered at the federal level.
California state employers will not be in compliance if they only meet federal OSHA requirements. They must also adhere to Cal/OSHA's standards, which focus on employee labor rights.
California laws mandate all workplaces must be healthy and safe for employees. To comply with this standard, every workplace must have an IIPP in place.
There are several IIPP requirements for employers, including:
Employees have the right to file confidential complaints if their employers violate IIPP.
Cal/OSHA allows several avenues to file complaints:
Cal/OSHA asks for several key details about the reported violation. These include:
It's best to include as much precise and detailed information as possible. This will aid Cal/OSHA's investigation into the complaint and any resulting inspections.
The Cal/OSHA Enforcement Branch will investigate complaints. Violations may require an on-site inspection and employee interviews if necessary.
Cal/OSHA usually deals with violations by issuing citations. However, recent Cal/OSHA updates include expanded penalties for noncompliance.
Enforcement of Cal/OSHA standards includes safeguarding employee rights. As protected by law, employees have the rights to:
Violations of employee protections can be reported to Cal/OSHA and/or a Labor Commissioner office as applicable.
Cal/OSHA regulations primarily expanded with the passage of two new laws, SB 606 and AB 654. COVID requirements under Cal/OSHA remain changeable as health guidelines continue to evolve.
SB 606 was not directly written for COVID protocols. However, it was inspired by the need to hold employers accountable for unsafe workplace practices during the pandemic.
This new law went into effect on Jan. 1, 2022. It greatly expanded Cal/OSHA's enforcement capabilities for non-compliance.
This includes additional violation categories and violation penalties. It also made reporting employer retaliation an easier process.
SB 606 added two new categories of violations:
Enterprise-wide applies to employers who have multiple work-sites. Systematic or written violations of Cal/OSHA regulations found on more than one site are enterprise-wide.
This means employers must ensure their written health and safety programs are compliant per site. Applicable programs include the IIPP, COVID-19 Prevention Plans, and Emergency Action Plans.
An egregious violation applies to several qualifiers. These include:
Cal/OSHA updates also treat each exposure as a separate violation now. This means one hazard can result in multiple violations.
For example, an employer may let their employees be exposed to COVID during work shifts. Every shift that resulted in exposure will now be its own violation per employee.
SB 606 also expanded the legal penalties Cal/OSHA can use for violations. These include issuing:
Cal/OSHA can also use its new cumulative violation system for issuing penalties. This means each separate incident of the same violation is subject to its own penalty.
AB 654 clarifies an employer's responsibilities for COVID notification and reporting. It is an update of AB 685.
Cal/OSHA regulations for COVID remain largely in place. Most changes include minor adjustments to existing requirements.
The Cal/OSHA Emergency Regulation was updated on Jan. 14, 2022. It featured revisions for return-to-work requirements and face-covering guidance.
Cal/OSHA also updated their official FAQs on Jan. 6, 2022. These updates reflected new recommendations from the California Department of Public Health.
Federal and state OSHA requirements are numerous. They also change continuously with new health and safety guidelines.
Cal/OSHA regulations were already rigorous towards employee rights. The new Cal/OSHA updates have expanded enforcement and penalties for violations even more.
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