As 2024 comes to a close, here is a summary of Cal/OSHA updates from recent Standards Board meetings and the Cal/OSHA Triennial Advisory Committee meeting:
silicon
Last week, the board voted unanimously to adopt proposed changes to the permanent silica regulation to address ongoing concerns about silicosis cases associated with working with engineered stone. The proposal essentially incorporates additional requirements from the emergency temporary standard into the existing permanent standard. The interim standard was set to expire this month, with no options for further extension. The changes will take effect approximately February 5, 2025, unless the Office of Administrative Law (OAL) approves them earlier.
In response to concerns raised in various presentations and public comments during the December Standards Board meeting, the Department of Industrial Relations (DIR) and the California Department of Public Health (CDPH) appear to agree that the proposed regulation could offer even more protection. In particular, concerns have been raised that even wet cutting methods may not provide adequate protection without the use of a full-face respirator and that regular inspections may not provide an accurate picture of exposure. While adopting the proposed changes to the silica regulation, the board also voted to convene an advisory committee to determine whether further changes are needed. Such additional changes would occur through a new rulemaking process.
Lead
During the November Standards Board meeting, members of the public called for a delay in enforcement because the department had only recently issued guidance documents including a model plan for construction. There is no indication that there will be any delays in enforcement, as those employers affected by the changes to the Guidance Regulations should expect Cal/OSHA to begin enforcement effective January 1, 2025. Cal/OSHA continues to update its resources regarding the revised regulations.
Cone and bar barricade system
The December 2024 Standard Board meeting served as a public hearing for proposed changes to Section 1635 (Steel Framed Floors, Walls, and Buildings) that would allow for cone and bar barricade systems as an alternative to guardrails or ground covers. The proposal includes specifications and other requirements for the cone and bar barricade system, as well as illustrations and example photos. This begins the 12-month period of the formal rulemaking process. There was public comment during the December board meeting, but no board vote.
Bird flu
On December 18, Governor Newsom declared a state of emergency to continue responding to Avian Influenza A (H5N1), also known as “bird flu.” This was in response to detection in dairy cows in Southern California and the need to expand surveillance and the approach to contain the spread of the virus. DIR, in coordination with CDPH and other agencies, monitors and takes action to provide outreach and updated guidance to employers and employees in the dairy and poultry industries, including prevention and control measures to reduce the risk of exposure to avian influenza. Cal/OSHA has stated that it will respond to any serious worker injuries or complaints as necessary.
Domestic workers
California Senate Bill 1350 removed the exemption from Cal/OSHA insurance for certain household home services. This allows Cal/OSHA to now enforce its safety regulations against certain employers who are not traditionally subject to Cal/OSHA enforcement. Cal/OSHA said it would work on guidance for the public.
Workplace violence prevention in general industry
On January 24, 2025, Cal/OSHA will hold a consultation meeting on the proposed rule on workplace violence in general industries. The agency will receive input on the proposal to implement existing California Labor Code Section 6401.9.
Other regulations
Draft regulations and advisory committee meetings are expected to be scheduled to review heat illness and wildfire smoke prevention. These rulemaking requirements arise from legislation requiring Cal/OSHA to review existing regulations.
For COVID-19, as the non-emergency rule expires at the end of February 2025, the Agency anticipates that the Agency will publish a draft discussion and schedule a meeting of the Advisory Committee on a Permanent Standard for Infectious or Aerosol-Transmissible Diseases.
Cal/OSHA also expects to issue formal regulations for revisions to first aid requirements in 2025.
Standards Board welcomes new board member
In November, new workplace safety officer Derek Urwin was sworn in as the newest member of the Standards Board. Dr. Urwin is an associate professor of chemistry and biochemistry at UCLA and an engineer with the Los Angeles County Fire Department.
DIR Director update
During the Standards Board's December meeting, DIR Director Katie Hagan provided an explanation for some of the hiring challenges Cal/OSHA has faced, including difficulty finding candidates with minimum qualifications, particularly in rural areas, and finding bilingual engineers and industrial hygienists find. DIR continues to implement available strategies to continue recruiting efforts and assess agency workload.
The agency is certainly seeing the results of its commitment to recruiting as it fills vacancies at all levels and even adds positions. Employers can expect enforcement efforts to increase as the agency continues to fill its ranks.
Cal/OSHA has two new enforcement units
Enforcement efforts will also be strengthened with the addition of two new units. Cal/OSHA is in the process of expanding to full capacity in its new Region 8 (Modesto, Fresno, Bakersfield). Additionally, there is now an Agriculture Enforcement Task Force focused on agricultural employers and the safety and health of their workers. This is a statewide unit that, like the Labor Enforcement Task Force (LETF) or the High Hazard Unit, is run as a separate unit with five district offices and several field offices.
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