Leaders of the Division of Occupational Safety and Health got a four-hour grilling by state legislators in the wake of a critical state audit. The fire is still hot. Click here to read about it…

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It's early in the legislative season, but two bills of interest to California's occupational safety and health community have surfaced. Here's what they are and what they would do.

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Here are the highlights from the latest batch of Cal/OSHA settlements involving employer fatalities.

49 COR 40-9047 [¶23,391]

OPERATION OF CHAIN SAW –
Title 8, Cal. Code of Regulations, §3425(a)(10)
The proffered evidence showed that Employer did not ensure that the employee used a second point of attachment while operating a chainsaw in a tree.

 INDEPENDENT EMPLOYEE ACT DEFENSE –
Employer satisfied all five elements of IEAD.

 ASSESSMENT OF CIVIL PENALTIES –
The citation was dismissed and the proposed penalty was vacated.

Digest of COSHAB ALJ’s Decision dated February 19, 2026, Inspection No 1532781 (Kelsey)

 

49 COR 40-9044 [¶23,390]

PNEUMATICALLY DRIVEN NAILERS – OPERATED PER MANUFACTURER’S INSTRUCTIONS –
Title 8, Cal. Code of Regulations, §1704(b)(2)
The proffered evidence showed that Employer did not ensure that an employee operated a nailer in accordance with the manufacturer’s operating and safety instructions.

INDEPENDENT EMPLOYEE ACT DEFENSE –
Employer failed to establish all five elements of IEAD.

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 –
The proposed penalty of the affirmed citation was assessed.

Digest of COSHAB ALJ’s Decision dated February 24, 2026, Inspection No 1692164 (Roseville)

49 COR 40-9043 [¶23,389]

INJURY AND ILLNESS PREVENTION PROGRAM –
Title 8, Cal. Code of Regulations, §3203(a)(4) and (6)
The proffered evidence showed that Employer had a written IIPP that was implemented.

ASSESSMENT OF CIVIL PENALTIES –
Citation 2 was vacated.

Digest of COSHAB ALJ’s Decision dated February 13, 2026, Inspection No 1642084 (Sylmar)

49 COR 40-9040 [¶23,388]

TRAINED FIRST AID PERSONS –
Title 8, California Code of Regulations, §1512(b)
Employer did not have an appropriately trained person available to render first aid at the job site.

 INJURY AND ILLNESS PREVENTION PROGRAM –
Title 8, California Code of Regulations, §1509(a)
Employer did not provide training and instruction sufficient to comply with §3203(a)(7).

SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §6432(c)
The proffered evidence showed that Citation 2 was properly classified as Serious.  Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citations 1 and 2 were affirmed, and the proposed penalties were assessed.

Digest of COSHAB ALJ’s Decision dated Feb. 6, 2026, Inspection No. 1691867 (Woodland Hills)

 

49 COR 40-9039 [¶23,387R]

APPEAL – LATE FILING
Labor Code § 6601 –
Employer failed to establish good cause for its late appeal, which was the result of internal operating problems.

Digest of COSHAB’s Denial of Petition for Reconsideration dated February 11, 2026, Inspection No. 1784640.

49 COR 40-9037 [¶23,386]

ROLLING SCAFFOLDS –
Title 8, Cal. Code of Regulations, §1646(k)
The Division did not prove that the employees were untrained or that the training provided was inadequate.

SCAFFOLDS – GENERAL REQUIREMENTS –
Title 8, Cal. Code of Regulations, §1637(l)
The Division did not prove that Employer had removed the scaffold cross brace.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1 and Citation 2 and their associated penalties were vacated.

Digest of COSHAB ALJ’s Decision dated January 9, 2026, Inspection No 1660543 (Palm Springs)

 

49 COR 40-9037 [¶23,385R]

JURISDICTION – PETITION FOR RECONSIDERATION –
Labor Code §6614(a) –
The Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated January 14, 2026, Inspection No. 1496831.

 

49 COR 40-9033 [¶23,384]

EMPLOYER-EMPLOYEE RELATIONSHIP –
Labor Code §§2772
The proffered evidence showed Employer did not establish the three parts of the ABC test. The workers were found to be Employer’s employees.

DUAL EMPLOYMENT –
The ALJ determined Employer was a secondary employer of the employees.

 ANNUAL PERMIT –
Title 8, Cal. Code of Regulations, §341(c)(2)(B)
The proffered evidence showed the excavation was for the purpose of performing emergency repair work, an exception to the permit requirement. The citation was dismissed.

CODE OF SAFE PRACTICES –
Title 8, Cal. Code of Regulations, §1509(b)
The proffered evidence showed the CSP did not address the hazards involved in working in or around trenches.

APPROPRIATELY TRAINED PERSON –
Title 8, Cal. Code of Regulations, §1512(b)
The proffered evidence showed no one certified to render first aid was available within a few minutes before a first responder would arrive.

EXCAVATION AND TRENCHES GENERAL REQUIREMENTS –
Title 8, Cal. Code of Regulations, §1541.1(c)(2)(C)
The proffered evidence showed Employer did not have written specifications for the trench protective system.

Title 8, Cal. Code of Regulations, §1541(h)(1)
The proffered evidence showed one employee was inside the trench with accumulated water at the bottom.

Title 8, Cal. Code of Regulations, §1541(k)(2)
The proffered evidence showed Employer allowed employees to work in the excavation without required cave-in protective system in place.

Title 8, Cal. Code of Regulations, §1541(c)(2)
The proffered evidence showed the Employer did not provide a safe means of egress in the trench excavation over five feet in depth.

Title 8, Cal. Code of Regulations, §1541(a)(1)
The proffered evidence showed Employer failed to provide an adequate protective system to protect employees from cave-ins.

SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION –
Labor Code §6432(a) and (c)
Citations 2 through 5 – The proffered evidence showed there was a realistic possibility of serious injury for failure to have a sufficient protective system in the excavation.  Employer did not rebut the presumption.

REPEAT VIOLATIONS –
Title 8, Cal. Code of Regulations, §334(d)
Citations 4 and 5 were determined to be a repeat of violations affirmed in a Settlement Order issued in August 2023.

DUPLICATIVE PENALTIES –
Citations 2, 3, and 5 involved a single hazard with the same abatement.  The ALJ vacated the penalties for Citations 2 and 3, determining they were duplicative of Citation 5.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, was vacated.  Citation 1, Items 2, 3, and 4 were affirmed with penalties adjusted.  Citations 2 and 3 were affirmed with penalties vacated.  Citations 4 and 5 were affirmed with penalties adjusted.

Digest of COSHAB ALJ’s Decision dated December 22, 2025, Inspection No 1719334 (San Francisco)