Employment lawyer breaks down Cal/OSHA's latest requirement

A new law went into effect this year that demands more of not only employers, but also California’s division of the Occupational Safety and Health Administration (Cal/OSHA).

The legislation requires that any time Cal/OSHA issues a citation or order that is to be posted in the workplace, the employer must post the notice in English, as well as the top seven non-English languages used by limited-English-proficient adults in California, as determined by the most recent U.S. Census Bureau American Community Survey, plus Punjabi (if not already included in the top seven).

However, Cal/OSHA is responsible for drafting the alternate-language notices, which must be posted at or near each place a violation referred to in the order/citation occurs.

“Compared to other employment law changes this year, I don’t think this one is that dramatic,” says employment lawyer Robert Nichols, partner at national law firm Bracewell LLP. “It won’t be a terrible burden for employers because you don’t have to hire someone to write the citation in seven languages. The state will create the forms and employers just have to post them. It’s going to make them much longer, which sort of makes them less effective, but I understand the good intentions considering California’s diverse workforce.”

For nearly 35 years, Nichols has represented employers in litigation, administrative investigations and other actions related to employment. He frequently...

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