On January 7, 2026, the California Occupational Safety and Health Appeals Board (Appeals Board or OSHAB) convened in Sacramento, California, for a stakeholders’ roundtable discussion to gather ideas for enhancing and improving Board processes and procedures. The meeting was attended by OSHAB members, administrative law judges, Cal/OSHA attorneys, members of Ogletree Deakins’ Workplace Safety and Health Practice Group—Karen F. Tynan, Michelle Henson, Kevin D. Bland, and Adam J. Crane—labor advocates, safety professionals, and OSHAB staff.
Quick Hits
- On January 7, 2026, OSHAB hosted a roundtable discussion with stakeholders to exchange ideas on changing and improving Board processes and procedures.
- Several key members of Ogletree Deakins’ Workplace Safety and Health Practice Group attended the meeting and provided input.
A variety of topics were discussed at the stakeholders’ roundtable, with invitations to provide commentary and suggestions, including feedback on the following subjects:
- improved practices and procedural rules regarding party status;
- improved access to OSHAB decisions, including via OSHAB’s web page and online services, such as Westlaw and LexisNexis;
- amendments to procedural rules, including requests from workplace safety attorneys that there be more robust rules related to the disclosure of expert witnesses and new rules with deadlines for amending citations; and
- amendments and clarifications to discovery rules and motions to compel (these were requested by Cal/OSHA counsel).
Many stakeholders expressed concern that the procedural rules should be calibrated to avoid negatively impacting self-represented employers. In addition, there was a healthy dialogue regarding procedures for setting trials and other conferences that will provide the Appeals Board with ideas for improving efficiency and enhancing the effectiveness of hearings.
The most robust discussion surrounded proposals to adopt regulations allowing for dispositive motions. There were a variety of viewpoints expressed—some requesting the use of dispositive motions, such as motions to dismiss or summary judgment motions, and other perspectives, including from representatives of California’s Division of Occupational Safety and Health (Cal/OSHA), who expressed trepidation about increased motion practice and its impact on self-represented California employers…