SB 553 – Workplace Violence Prevention Bill Passes California Legislature, Awaits Governor’s Signature
On September 12, 2023, the California Legislature passed SB 553—Workplace Violence Prevention. The bill is currently unopposed by business and labor and is expected to be signed by the Governor.
Although the bill has gone through several revisions since being introduced earlier this year, the final version passed this week aligns more closely with the draft Cal/OSHA WPV Standard and includes the following:
- Operative January 1, 2024 – amends California Labor Code Section 6401.7 to include as an Injury and Illness Prevention Plan (IIPP) required element “a workplace violence prevention plan conforming to the requirements of [California Labor Code] Section 6401.9.”
- Operative July 1, 2024 – adds California Labor Code Section 6401.9 which will require all California employers (unless they fall under one of the few exemptions) to establish, implement, and maintain an effective workplace violence prevention plan that includes the following (in summary):
SB 553 – California Workplace Violence Prevention Bill Nears Becoming Law
The California Legislature introduced SB 553 – workplace violence: restraining orders and workplace violence prevention – earlier this year despite Cal/OSHA’s regulation on Workplace Violence Prevention in General Industry (WPV Standard) nearing the last stages of the rulemaking process. 
SB 553’s original version tracked the current Cal/OSHA Violence Prevention in Health Care Standard (8 CCR 3342) instead of the Cal/OSHA General Industry WPV Standard. This was problematic because SB 553 had more extensive requirements than the Cal/OSHA draft WPV Standard. It also included retail-specific provisions on shoplifter training and a prohibition on requiring workers who are not dedicated safety personnel from confronting suspected active shoplifters.
However, last week the bill was amended to align more closely with the draft Cal/OSHA WPV Standard. The bill passed committee on Friday and will now go to a full vote in the California Legislature. The latest version of the bill includes the following: Read More
Cal/OSHA Summit: The Latest Rulemaking and Enforcement Priorities
You are cordially invited to attend the Cal/OSHA and California Employment Law Summit presented by Conn Maciel Carey LLP.
Conn Maciel Carey LLP’s Inaugural Cal/OSHA and California Employment Law Summit is an in-person program presented by the California-based attorneys in CMC’s national OSHA • Workplace Safety and Labor • Employment Practice Groups, to update California employers on important developments involving workplace safety and health issues in California.
Learn How to Navigate California Requirements
California’s Division of Occupational Safety and Health (Cal/OSHA) is the most aggressive and enforcement-heavy approved State OSH Program in the nation, and as a result, California employers face a host of requirements that other employers around the country do not. And with a packed rulemaking agenda on the horizon, most employers stand to be impacted by at least one new standard.
In addition, California continues to experience regular changes in the employment law landscape through new legislation and decisions from the California courts. California employers always have something new to learn as the legislative session comes to a close in the fall and we know with certainty which new laws will take effect in 2024.
Our Cal/OSHA and California Employment Law Summit will cover what employers can expect in the coming months from the latest legislative and rulemaking updates, to change in enforcement priorities, and best practices for compliance.
This program is currently pending approval for the HR Certification Institute (HRCI) and Society for Human Resources Management (SHRM) recertification credits. We will also submit the program for California CLE credits.
Two Dates and Locations to Choose From
Registrants have the opportunity to join the program in Northern California on October 16th, or in Southern California on October 17th. Each day will consist of the program outlined in the agenda below. Continental breakfast, lunch, and program materials will be included with registration at both locations. The cost for attendance at either location is $75 per ticket.
Program Agenda
Click here for more information and to register for the Cal/OSHA and California Employment Law Summit.
California Workplace Violence Prevention Legislative Update
Five years after releasing the first draft, and multiple public comment periods later, Cal/OSHA’s regulation on Workplace Violence Prevention in General Industry (WPV Standard) finally appears to be nearing the last stages of the rulemaking process. 
In a surprising move, the California Legislature is now also close to potentially passing its own, more expansive, Workplace Violence Prevention Bill (SB 553).
Currently, the Cal/OSHA draft requires employers to: Read More
Latest Cal/OSHA Updates: Revised Indoor Heat Illness Standard Released and Advisory Committee Meeting Recap
By Megan Shaked, Samuel Rose, and Rachel Conn
Revised Draft Indoor Heat Illness Standard Released
On August 4, 2023, the Standards Board issued its latest revised draft of the Indoor Heat Illness Prevention Standard. During the previous comment period, there was extensive discussion regarding lowering the temperature at which the regulation would apply. However, the latest revised draft maintains the 82 degrees Fahrenheit indoor temperature trigger. Nonetheless, there were notable changes: Read More
Conn Maciel Carey LLP Elevates Megan Shaked to Partner
Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Megan Shaked has been elevated to Partner.
Ms. Shaked, a seasoned employment litigator and Cal/OSHA practitioner based in San Francisco, CA, represents employers on a wide range of employment matters, including Cal/OSHA investigations and appeals of Cal/OSHA citations, claims of discrimination and harassment, wrongful termination, wage and hour violations, and whistleblower actions. She also conducts workplace harassment prevention training, and counsels employers on workplace safety compliance, the development of employee handbooks, hiring and termination decisions, leaves of absence and accommodations, and wage and hour compliance.
Ms. Shaked was an integral part of the expansion of CMC’s California Practice when she joined the firm back in 2018. And now she is a key player in the next big expansion of the firm’s California Practice. Read More
Latest Cal/OSHA Updates: Prepare for a Packed Fall
By Rachel Conn, Samuel Rose, and Megan Shaked
During last week’s California Occupational Safety and Health Standards Board meeting, the spotlight was on silica. But an equally clear message was front and center throughout the meeting – Cal/OSHA has a packed rulemaking agenda.
Here’s the latest on Cal/OSHA rulemaking and what to expect in the coming months:
Silica Emergency Temporary Standard
The Standards Board granted, in part, Petition 597, to amend the current regulation on Occupational Exposures to Respirable Crystalline Silica (section 5204) via Emergency Temporary Standard (ETS) to address the growing number of reported cases of advanced silicosis among workers exposed to silica in engineered stone fabrication.
Following extensive public comment, Cal/OSHA argued that an ETS would be Read More
CDPH Updates Isolation Guidance to Align with CDC’s Recommended Reentry for COVID-19 Cases
A little over a month into the life of the Cal/OSHA COVID-19 Non-Emergency Rule and we already have our first significant update. Effective March 13, 2023, the California Department of Public Health (CDPH) has updated its Guidance on Isolation and Quarantine to modify the period of isolation for COVID-19 cases and the definition of “infectious period.” 
The change was implemented to align California’s guidance with the CDC Recommendations for Isolation. This CDPH guidance does not apply to certain healthcare and emergency medical services personnel who are covered by other guidance documents. Cal/OSHA has also revised its Frequently Asked Questions accordingly.
Timing for COVID-19 Cases to End Isolation
Individuals who test positive for COVID-19 should continue to isolate for at least 5 days, starting the day after the start of symptoms or a first positive test. But now, such individuals may leave isolation after day 5 if they are experiencing no symptoms or symptoms are improving, AND have been fever-free for 24 hours (without the use of fever-reducing medication).
The CDPH guidance generally calls for infectious individuals to Read More
Join Conn Maciel Carey’s 2023 Cal/OSHA Rulemaking Coalition
For the past two years, Conn Maciel Carey has represented a broad coalition comprised of California and national employers and trade associations from a diverse range of industries in advocating to the Cal/OSHA Standards Board about the roller coaster of COVID-19 emergency and non-emergency rulemaking, in the form of preparing numerous rounds of written comments, testifying in public meetings, and participating by invitation as one of only a small number of management-side representatives on a rulemaking Advisory Committee established by Cal/OSHA for the COVID-19 regulatory process. 
We have been intrinsically involved in the four iterations of Cal/OSHA’s COVID-19 Emergency Temporary Standard (ETS), and the COVID-19 Non-Emergency Rule that was recently adopted for a two-year term.
Those of you whose organizations participated in our California Employers COVID-19 Prevention Coalition know that together we accomplished a great deal, with material improvement for employers to the COVID-19 regulatory landscape in California. Our coalition’s input is reflected in the regulatory text of the Cal/OSHA COVID-19 ETS and now the COVID-19 Non-Emergency Rule, as well as in several batches of FAQs issued by Cal/OSHA attempting to address some of the concerns and recommendations we identified.
With the completion of the non-emergency rule now, we expect the Cal/OSHA Standards Board to transition in 2023 from the COVID-19 related rulemaking to its regulatory priorities that were forced to the backburner because of the pandemic, including work on: Read More
Cal/OSHA COVID-19 Non-Emergency Rule Is Adopted
By Megan S. Shaked and Andrew J. Sommer
On December 15, the California Occupational Safety and Health Standards Board voted 6-1 to adopt the COVID-19 Prevention Non-Emergency Regulations. The Non-Emergency Rule was proposed to replace the Cal/OSHA COVID-19 Emergency Temporary Standard, which has been in effect in four different versions since November 30, 2020 and is set to expire on December 31, 2022.
The Office of Administrative Law will now review the new regulation, which is expected to be formally approved, effective January 1, 2023.
Discussion from the Standards Board Meeting
During the meeting, stakeholders provided public comments on the proposed Non-Emergency Rule. During the public comment period, Conn Maciel Carey spoke on behalf of the California Employers COVID-19 Prevention Coalition, composed of a broad array of California employers and trade groups substantially impacted by Cal/OSHA’s COVID-19 rulemaking. We urged the Board to vote “no” on the proposal, highlighting the availability of vaccinations, testing and treatment and the inflexibility of the two-year fixed term. We also Read More
Authors
Ashley D. Mitchell
Beeta B. Lashkari
Eric J. Conn
Rachel L. Conn
Megan Shaked
Samuel Rose
Theresa Green
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