FLASH REPORTS

Flash: Standards Board Rejects Lawsuit Inspired PSM Changes

It’s management versus labor in the latest round of proposed regulations for refinery safety. What happens next after the Cal/OSHA Standards Board rejected a lawsuit settlement-inspired change to the Process Safety Management standard?

Flash: ‘Walkaround’ Rule Changes

Cal/OSHA has made revisions to its proposal on who can accompany inspectors during site site inspections. Here’s what’s being proposed.

ARTICLES

AGC’s Safety Stalwarts

Individuals and companies receive accolades for their hard work to keep workplaces safe in this year’s Associated General Contractors of California Construction Safety Excellence Awards.

Autonomous Ag Talks to Restart

Once dormant talks on the future of autonomous ag equipment in California resume after the Cal/OSHA Standards Board chair moves to get things back on track. Will California join the 21st Century, or will labor keep it back? Here’s what happens next.

Caltrans Gets Ticketing Authority for Speeders in the “Cone Zone”

Big changes are coming to California’s highways. “Cone zone” incursions on California’s streets and highways con-tinue. Caltrans will be authorized to ticket speeders who threaten workers' lives.

Workplace Fatality Update

Here are the latest fatal workplace incidents in California in recent days.

Crane Recertification Compromise

Is exempting crane operators from a hands-on examination to recertify a good idea? Here’s what the Cal/OSHA Standards Board proposes and how it intends to prevent unintended consequences.

Tweaking Workplace Violence Standard

A workplace violence prevention standard for California employers has been in the works for years. Here’s Cal/OSHA’s latest draft, with a legislative deadline looming.

Federal Harwood Grants Announced

Here are the California organizations to receive 2026 Fed-OSHA Susan Harwood Training Grants.

Petition Seeks Reduction in Wood Dust PEL – a 50% Drop

A petition to the Cal/OSHA Standards Board seeks to reduce the permissible exposure limit for wood dust by 50%. Here’s why.

CASES

MAXIM CRANE WORKS, LP

49 COR 40-9127 [¶23,436]

TOWER CRANE ASSEMBLY/DISASSEMBLY –
Title 8, California Code of Regulations, §1611.1(a)
The proffered evidence showed the Division did not establish that Employer failed to follow manufacturer’s procedures during disassembly.

Title 8, California Code of Regulations, §1611.2(d)
The Division presented insufficient evidence to show that Employer failed to ensure the crew understood instructions.

Title 8, California Code of Regulations, §1611.2(h)(3)(B)
The proffered evidence showed the Division established a violation because blocking was not in the proper location to prevent dangerous movement of the outer jib.

Title 8, California Code of Regulations, §1611.2(h)(7)
The proffered evidence showed the Division established a violation because the other jib was not rigged or supported to maintain stability.

AFFIRMATIVE DEFENSES –
Logical Time Defense
The evidence showed this defense did not apply to the facts because the logical time had arrived to support the outer jib with rigging and blocking for pin removal.

Newbery Defense
The evidence showed that at least one of the key elements existed and therefore Employer did not meet its burden of proving the violation was unforeseeable. The defense did not apply.

SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §6432(c)
Citation 2 was properly classified as Serious as there was a realistic possibility of serious physical harm.  Employer did rebut the presumption, and the citation was reclassified to General.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Items 1 and 2, was dismissed. Citation 1, Item 3 and Citation 2 were affirmed with appropriate penalties assessed.

Digest of COSHAB ALJ’s Decision dated September 14, 2026, Inspection No. 1597182 (West Sacramento)

LYONS MAGNUS, LLC

49 COR 40-9130 [¶23,437R]

APPEAL – LATE FILING
Labor Code §6601 –
Title 8, California Code of Regulations, §359
Employer’s misunderstanding of the appeal process did not constitute good cause for filing its late appeal.

Labor Code §6614(a)
Title 8, California Code of Regulations, §390.3(a)
The Appeals Board lacked jurisdiction to grant reconsideration of the untimely petition filed by Employer.

Digest of COSHAB’s Decision After Reconsideration dated October 9, 2026, Inspection No. 1854500.

CERCA TROVA STEAKHOUSE LP DBA OUTBACK STEAKHOUSE

49 COR 40-9125 [¶23,435]

FOOT PROTECTION –
Title 8, California Code of Regulations, §3385(a)
The proffered evidence showed Employer failed to provide appropriate foot protection to employees exposed to falling objects or crushing or penetrating actions.

 SLIP PROTECTION –
Title 8, California Code of Regulations, §3273(a)
The proffered evidence showed Employer failed to provide protection against slipping.

SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION –
Labor Code §6432(a) and (c)
The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification. Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, and Citation 2, were affirmed and the proposed penalties were deemed reasonable.

Digest of COSHAB ALJ’s Decision dated Sept. 15, 2026, Inspection No. 1512604 (Northridge)

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT

49 COR 40-9123 [¶23,433R]

INJURY and ILLNESS PREVENTION PROGRAM –
Title 8, California Code of Regulations, §3203(a)(4) and (a)(6)
The Appeals Board affirmed the ALJ’s Decision finding that Employer’s IIPP included procedures for identifying and evaluating hazards and for correcting unsafe conditions.

Title 8, California Code of Regulations, §3203(a)(7)
The Appeals Board affirmed the ALJ’s Decision finding that Employer provided training and instruction to employees pursuant to its IIPP.

Digest of COSHAB’s Decision After Reconsideration dated September 21, 2026, Inspection No. 1531603.

3SIXTY INNOVATION, INC.

49 COR 40-9124 [¶23,434R]

APPEAL – LATE FILING
Labor Code §6601 –
Title 8, California Code of Regulations, §359
Employer’s misunderstanding of the appeal process did not constitute good cause for filing its late appeal.

Labor Code §6614(a)
Title 8, California Code of Regulations, §390.3(a)
The Appeals Board lacked jurisdiction to grant reconsideration of the untimely petition filed by Employer.

Digest of COSHAB’s Decision After Reconsideration dated September 24, 2026, Inspection No. 1842156.

SCONZA CANDY COMPANY

49 COR 40-9119 [¶23,430]

HAZARDOUS ENERGY CONTROL –
Title 8, California Code of Regulations, §3314(j)
The proffered evidence showed Employer regularly conducted periodic inspections to evaluate the effectiveness of its energy control procedures.

Title 8, California Code of Regulations, §3314(g)
The proffered evidence showed Employer met Condition 1 of the exception to §3314(g)(2)(A).  Procedural steps in Employer’s general lockout/tagout program were applicable to all similar equipment.

Title 8, California Code of Regulations, §3314(c)
The proffered evidence showed Employer established the exception found in §3314(c)(1).  The machine used by Employer had to be in operation for cleaning, the imposed hazard was minimized, and the employees were trained on how to perform the process safely.

ASSESSMENT OF CIVIL PENALTIES –
All citations were dismissed. No penalties were assessed.

 

Digest of COSHAB ALJ’s Decision dated August 28, 2026, Inspection No. 1722031 (Oakdale)

 

CHEVRON U.S.A. INC.

49 COR 40-9121 [¶23,431R]

INTERLOCUTORY ORDER – AMENDMENT OF CITATION
Labor Code §6614  –
The Division’s Petition for Reconsideration of a Denial Order was interlocutory in nature, and as such, the Petition was denied.

Digest of COSHAB’s Decision After Reconsideration dated September 17, 2026, Inspection No. 1752837.

SODEXO AMERICA LLD DBA SODEXO

49 COR 40-9117 [¶23,429R]

DISPOSITION OF APPEAL – SETTLEMENT
Labor Code §6617(a)
Title 8, California Code of Regulations, §§350.1(a), 364.2 –

The Appeals Board rejected Employer’s assertions that the administrative law judge exceeded the Board’s authority in issuing a settlement order; that Employer entered into its settlement on the basis of misrepresentation or mutual mistake; or that Employer was entitled to rescind the settlement on the grounds that someone without authority entered into the agreement.

Digest of COSHAB’s Denial of Petition for Reconsideration dated September 11, 2026, Inspection No. 1869449.