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In part two of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the nuances of the requirements imposed by Senate Bill (SB) No. 553. The speakers offer details on how employers can establish, implement, and maintain a workplace violence prevention plan. Robert and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also cover the required format of a compliant workplace plan, in addition to customization, distribution, recordkeeping, and employee-involvement requirements and how a workplace violence prevention plan can integrate with other company policies.

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In the fourth episode of this series of case studies based on real-world workplace safety accidents, investigations, and trials, Kevin Bland and Karen Tynan discuss trial preparation and strategy. Karen, the West Coast Chair of the firm’s Workplace Safety and Health Practice Group, reviews a trial in which a California employer challenged a citation for violating a bloodborne pathogens standard. Karen and Kevin offer helpful tips and tactics for witness selection and witness preparation, as well as discuss whether depositions should be taken and whether to seek costs.

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In part one of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the new requirement for virtually every employer in California to implement a comprehensive workplace violence prevention plan. Karen and Robert provide an overview of Senate Bill (SB) No. 553, which Governor Gavin Newsom recently signed into law, in addition to the history of the legislation, covered employers, and the new law’s exceptions. The speakers also address how employers can comply with SB 553 by the July 1, 2024, effective date and key definitions, including a discussion of what constitutes an act of violence as opposed to a threat of violence under the law.

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In the third episode of our workplace accident case study podcast series, Shareholder Kevin Bland (Orange County) and Shareholder Karen Tynan (Sacramento) discuss a trial challenging a citation for an employee who experienced a heart attack while standing on a step-up bench. Karen and Kevin review the trial strategy that led to the citation being voided, with a focus on the importance of the language in the Division of Occupational Safety and Health’s (Cal/OSHA) Portable Ladder regulations. They also discuss settlement offers and abatement and touch on trends in other states, including Oregon and Washington.

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In the second episode of our workplace accident case study podcast series, shareholders Kevin Bland and Karen Tynan discuss a Cal/OSHA heat illness citation and the reasons an employer may choose to contest a citation at trial. Our speakers, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, also discuss the impact of a citation on prequalification for other work. Karen and Kevin also review trial issues such as witness preparation, securing training and other documentation, and the impact of employee turnover.

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In this episode of our Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss their recent case involving the operation of a crane by an operator allegedly part of a crane credentialing fraud scheme. John and Frank discuss the impact that the related issues may have on employers in industry sectors where cranes are used and the Occupational Safety and Health (OSH) Act compliance implications relative to confirming the certifications and qualifications of employees.

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In this first edition of our workplace accident case study podcast series, Karen Tynan and Kevin Bland provide lessons from actual incidents and resulting enforcement actions and lawsuits. Kevin and Karen, both of whom are California shareholders and members of Ogletree’s Workplace Safety and Health Practice Group, discuss a case in which the California Division of Occupational Safety and Health (Cal/OSHA) investigated a construction employer after a worker was injured in a nail gun accident.

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In this podcast, Karen Tynan and Kevin Bland, who are leaders in our California Workplace Safety and Health Practice Group, offer a wide-ranging and nuanced discussion of abatement—the act of addressing and curing a hazard identified in a citation. Karen and Kevin offer practical takeaways related to when the duty to abate arises, documentation, and trial considerations, with a focus on the California Division of Occupational Safety and Health’s (Cal/OSHA) approach to abatement. They also cover best practices that may help employers avoid missteps that could lead to significant penalties for failure to abate.

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In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) review the latest Cal/OSHA (or Division of Occupational Safety and Health) inspection tactics and provide practical pointers for employers that are subjected to an investigation. Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin discuss inspection triggers, the timing and scope of inspections, walk-throughs, and document requests. Our speakers also review employers’ rights during an inspection, including the right to not disrupt operations, and offer takeaways on real-world scenarios, such as an inspector’s requests for reenactments and demonstrations.

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This episode of our Safety Perspectives From Region 6 podcast is the final installment of a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma, both of whom are members of Ogletree’s Workplace Safety and Health Practice Group, wrap up the series with a discussion of the importance of having a crisis management or disaster preparedness plan in place. John and Frank review the elements of such plans, including initial response to the incident, the OSHA investigation, internal and external communications, and follow-up actions.