Posts By: Jason Resnick

Cal/OSHA Standards Board Publishes New, More Cautious ETS Revisions

While California Governor Gavin Newsom has said that many coronavirus restrictions will be lifted on June 15, the California Occupational Safety & Health Standards Board (Board) appears to be bowing to pressure by organized labor to keep face masks and social distancing requirements in place in many settings until early next year. The proposed changes ...

Cal/OSHA Standards Board First Rejects, Then Readopts Cal/OSHA COVID-19 Emergency Temporary Standards

As reported here, the California Occupational Safety & Health Standards Board (Board) met on June 3, 2021, to hear testimony and to vote on Cal/OSHA’s revised COVID-19 Prevention Emergency Temporary Standards (ETS). After approximately six hours of testimony, the Board initially rejected the revised ETS, with some members expressing doubts about the quality of the ...

Third Time’s Not A Charm: Original ETS Remains in Place as Cal/OSHA Standards Board Reverses Itself… AGAIN

In the ongoing saga surrounding the Cal/OSHA COVID Emergency Temporary Standards (ETS), the Cal/OSHA Standards Board called a special emergency meeting on June 9th to discuss potential new ETS rules. The Board stated that its purpose was for the Board to consider new information from the California Department of Public Health on pending guidance regarding ...

Excessive Heat Warnings in California this Week; Protect Workers from Heat Illness

The temperature is forecasted to exceed 100 degrees throughout California this week, and we urge all employers to take extra steps to protect outdoor workers from heat illness. This includes providing outdoor workers fresh water, access to shade and cool-down rest breaks in addition to regular breaks. Cal/OSHA asks that employers with outdoor workers take ...

Cal/OSHA Standards Board Approves Revised COVID-19 ETS; Governor Issues Order to Make New Standard Effective Immediately Upon Submittal of ETS to OAL

On June 17, 2021, the Cal/OSHA Standards Board met to consider new revisions to the COVID-19 Prevention Emergency Temporary Standard (ETS) that incorporate the latest public health guidance. After the Board approved the revised guidelines (ETS 2.0), Governor Gavin Newsom issued an Executive Order declaring ETS 2.0 effective once the revision is filed with the Office of…

Santa Maria City Council Repeals H-2A Housing Ordinance

The Santa Maria City Council voted last week to repeal a controversial H-2A ordinance rather than face a $400,000 penalty and potential litigation with the federal government. In June 2019, following 15 months of public debate and comment, the Santa Maria City Council adopted an ordinance regulating H-2A employee housing in residential zoned districts (R-1, ...

U.S. Supreme Court Strikes Down Ag Union Access Rule

In a 6-3 decision, split along ideological lines, the Supreme Court Wednesday struck down as unconstitutional the California Agricultural Labor Relations Board regulation that permits union organizers to enter a farmer’s property to solicit employees about supporting a union. Writing for the majority, Chief Justice John Roberts said that when “the government physically acquires private…

Colorado Governor Signs Sweeping Ag Labor Bill

On June 25, 2021, Colorado Governor Jared Polis signed into law SB21-087, a bill that includes a host of sweeping agriculture labor law reforms.  Styled by sponsors Senators Jessie Danielson and Dominick Moreno as establishing an “Agricultural Workers’ Bill of Rights,” the new law provides overtime and meal and rest periods…