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We have made it through the first quarter of 2025 and Cal/OSHA has been busy. NCAT has been busy too, representing members’ interests on these topics. Here are a few of the things Cal/OSHA is working on. 

Regulatory updates

Confined Spaces in Construction 

On November 19, 2015, the Occupational Safety and Health Standards Boards adopted the Federal Confined Spaces in Construction standard as Construction Safety Orders, sections 1950-1962 Confined Spaces in Construction. General Industry Safety Order 5158 continued to apply to construction and included some requirements that are more protective. This rulemaking incorporated these requirements into sections 1950-1962 and eliminates the requirement for construction to comply with section 5158. 

  • The definition for “hazardous atmosphere” for spaces with combustible dust has changed from “meets or exceeds its LFL” to the more protective “exceeds 20 percent of the minimum explosive concentration (MEC).” Minimum explosive concentration (MEC) is the concentration of combustible dust that will support combustion.
  • “Hazardous atmosphere” was also expanded to include atmospheres “which could result in employee exposure in excess of its dose or permissible exposure limit.” 
  • Employers are now required to do periodic inspections to identify new confined spaces that are created because of construction at the worksite and notify their employees and the controlling contractor of the new confined spaces. 
  • The requirements for working in a space with an inert environment now include:
    • Providing supplied air respirators
    • Prohibiting work involving the use of flame, arc, spark, or other source of ignition.
  • The entry permit must identify the rescue equipment to use and the numbers to call for rescue and emergency medical services.
  • It clarifies that rescue personnel must be trained, immediately available, properly equipped, and capable of performing permit space rescue and providing or obtaining emergency medical services.

Workplace Violence Prevention

Senate Bill (SB) 553-2023 added requirements for workplace violence prevention to the Labor Code and required Cal/OSHA to develop regulations to implement this law. An advisory meeting was held in January. The regulation will be based on SB 553, but Cal/OSHA is trying to add back some requirements that were removed during the legislative session, and employer groups, including NCAT are pushing back to keep the requirements as they are. 

Fall Protection

The six-foot fall protection rule goes into effect July 1 for residential framing and all roofing activities. The Occupational Safety and Health Standards Board will be scheduling an advisory committee in May to expand the six-foot rule to most other construction activities. This means the new rule will likely go into effect in 2026. More to come after the advisory committee. 

Cone and Bar Barricades

Ironworkers are now allowed to use cone and bar barricades to protect floor openings. These areas are under exclusive control of the steel erectors and employers should train their employes to stay out of these areas. 
 

CBB System In Use


Enforcement updates

LETF Public Works Enforcement

The Labor Enforcement Task Force (LETF) is leading a new initiative to inspect public works construction sites to ensure employers provide workers’ compensation insurance and follow labor laws, including applicable prevailing wage laws, skilled and trained workforce requirements, workplace health and safety requirements, and apprenticeship standards. The enforcement effort includes teams from DIR’s Divisions of Occupational Safety and Health (Cal/OSHA), and Labor Standards Enforcement (Labor Commissioner’s Office) in collaboration with other enforcement partners.

Enterprise-Wide and Egregious Violations

Senate Bill (SB) 606-2021 created two new types of citations for Egregious and Enterprise-wide violations. In response Cal/OSHA is developing regulations to allow for the issuance of these citations. After two advisory meetings we have a better idea of how these citations will be implemented. 

The proposed language defines egregious violations as a willful violation where:

  • The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.
  • The employer has a history of: 
    • One or more Repeat or Willful violations; or 
    • Five or more Serious violations per 100 employees; or 
    • Twenty or more General or Regulatory violations per 100 employees.
  • The employer intentionally disregarded their health and safety responsibilities, such as by failing to maintain an operative injury and illness program, intentionally disregarding safety, and health hazards, or intentionally disregarding the California Occupational Safety and Health Act.
  • The employer’s conduct amounts to clear bad faith in the performance of their duties to comply with occupational safety and health standards.
  • The employer has committed more than five violations of any Title 8 standard within the five years preceding a citation for an egregious violation,
  • The violations resulted in worker fatalities, hospitalization of three or more employees, or five or more injuries or illnesses.
  • Within the 12 months preceding violation, 10% of all employees at the cited worksite sustained workplace injuries or illnesses.

For Egregious Violation, Cal/OSHA issue a separate citation for each instance of an employee exposed to that violation. For example, if a violation exposes ten (10) employees, there are ten (10) instances with ten (10) separate penalties. These penalties can range from $11,337 to $158,727 per instance. The level of evidence for a willful citation is high and Cal/OSHA does not issue very many. An egregious citation has an even higher bar. 

For Enterprise-wide Violations there is a rebuttable presumption that a violation exists at all the employer’s worksites if either of the following is true: 

  • The employer has a written policy or procedure that applies to more than one worksite and violates any of the California Safety Orders.
  • The Division has evidence of a pattern or practice of the same violation or violations involving more than one of the employer’s worksites.

For Enterprise-wide violations the proposed penalty is multiplied by the number of worksites covered by the Enterprise-wide citation at the time of the inspection. The resultant penalty shall not exceed $158,727. If you find a hazard or violation at one of your worksites look for the same issue at all your sites. If you find the issues are enterprise-wide look for the root cause to produce an enterprise-wide solution. 

Consultation Update

Cal/OSHA Consultation Services has increased staff; with enforcement ramping up now is a good time to use their services. Ask about Golden Gate recognition on your larger projects. This process is an effective way to improve your safety program.