What happened?

The California Occupational Safety and Health Appeals Board (OSHAB) recently ruled that an employer can imply consent to a Cal/OSHA inspection through the actions of a third party, even if the individual lacks actual authority to grant such consent.

Overview:

California Workplace Safety Update: OSHAB Holds Employer Can Impliedly Consent to Inspection

Implications for Employers: 

• The Arana decision underscores the importance of clearly communicating consent or refusal of consent to a Cal/OSHA inspection.

• Employers should ensure proper safety documentation, trained first aid personnel availability, and prompt addressing of unsafe work practices.
  • Proactive steps include reviewing safety programs, ensuring records are current and accessible, and training staff on safety protocols.

• Implied Consent: Employers can imply consent to a Cal/OSHA inspection through the actions of a third party, even if that individual does not have actual authority to consent.

• Record-Keeping: Cal/OSHA can establish a prima facie case of non-compliance with record-keeping requirements if an employer fails to provide requested records, shifting the burden of proof to the employer.

• Injury and Illness Prevention Program (IIPP): A single violation of an IIPP can be considered a “serious” violation if the employer fails to identify and correct unsafe work practices.

• First Aid Requirements: A first aid-trained individual must be available to respond to incidents within minutes, even if not physically present at the jobsite.

Source References

• Cal/OSHA – Arana Residential and Commercial Painting, Inc.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.