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Archive of: 1BY

  • Cal/OSHA's Abuse of the 1BY Process Continues

    Employer advocate Fred Walter shares an e-mail from a duped safety manager to Cal/OSHA after he accepted an invitation to respond in writing about his employer’s safety program.

    Comments: 2

  • 1BY Letters: The Death of Dialogue

    Readers of this blog know that we disapprove of Cal/OSHA’s mis-use of Citation Notice letters, known by their form number as 1BY letters. Our advice to California employers in the past has been to be very careful how they respond, if they respond at all. Our latest advice is more simple: Do not respond at all. Here’s why:

    Comments: 2

  • 1BY — An Enforcement Tool, Not A Good Faith Invitation to Dialog

    <p>The 1BY letter created by Assembly Bill 2774 was intended to engage the employer in a dialog with Cal/OSHA about its decision to issue a serious-classified citation following an investigation. The law specifically provides that the intended citation cannot be issued until 15 days following notice to the employer of Cal/OSHA’s intent to cite.</p>

    Comments: 0

  • Alternatives to Cal/OSHA's 1BY

    We have blogged twice now about our concerns that Cal/OSHA’s new 1BY form is a trap for the unwary, designed more as an enforcement tool than a true invitation to “dialogue” with employers before serious citations are issued. But to recap, why are we concerned about the 1BY form?

    Comments: 2

  • 1BY: A Set-Up for Failure... But Whose?

    Indeed it would. But that seems to be where we are headed. Achieving Cal/OSHA Chief Len Welsh’s grand vision of fewer, more defensible, “serious” citations through AB 2774, and especially through the use of the new 1BY form, will depend in great part on the integrity of Welsh’s inspectors. Only when employers and their advisors are confident that their explanations will be thoughtfully considered, and not used as a card in a game of “gotcha,” will they be likely to offer candid – or any – responses.

    Comments: 2

  • To 1BY, Or Not To 1BY

    I just got off the phone with Employer Smith. I have never talked to him before; he had seen our website and just called with a “quick question.” I should have told him that there are few quick answers in the law.

    Comments: 2