Continuing Education / Outreach
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Cal/Labor Law and Cal/OSHA Citation Appeal Procedures
This course is an elective for any of the SCERC Workplace Safety and Health Professional Certificates.
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| Dates: |
Location: |
Tuesday - Thursday, January 4-6, 2011
8:00 am - 2:30 pm
includes 2 hours of homework each of the first two nights
Registration: 7:30 am |
UCLA
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| Fee: |
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Standard Registration Fee -- $595
Earlybird Fee -- $495 (no later than 12/4/10)
New Introductory Fee -- $345 (no later than 11/20/10)
Fee includes course material, refreshments, parking (parking is only free if instructions are followed).
Payment Terms (rev. 11/6/09): Substitutions may be made without additional charge. Cancellations must be in writing. Refund schedule:
Cancellation 15 or more business days before the class 80% of registration fee
Cancellation 7-14 business days before the class 50%
Cancellation less than 7 days before the class and "no shows" No refund
If course materials such as books have been sent to course participants in advance, the cost of that material will be subtracted from the refund.
UCLA reserves the right to postpone an offering 7 days prior to the course date should minimum enrollment requirements not be met. If a program is canceled, you will be notified and your registration fee will be refunded in full, less the cost of course materials sent in advance if they are not returned in the condition in which they were received. The liability of UCLA is limited to the course fee.
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| Overview: |
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A thorough overview of Cal/OSHA laws and procedures:
- History and development of the Occupational Safety and Health Act and the California State OSHA Plan
- Understanding how California Occupational Safety and Health Rules/Regulations are formulated and adopted; Senate and Assembly Bill process; Cal/OSHA Standards Board processes and procedures.
- Overview of Title 8 California Code of Regulations; California Labor Code; and the Civil and Criminal cases which establish precedent for California’s work places.
- Review the Division of Occupational Safety and Health inspection and citation process.
- Employer defense/appeal of citation process for alleged violations of safety standards.
LEARNING OBJECTIVES:
By the end of this course, participants will be able to:
- explain the mechanics of Occupational Safety and Health Laws, standards and regulations pertaining to employee safety in the workplace;
- research the law and understand the principles of how Cal/OSHA enforces the law;
- prepare a defense when appealing citations brought about by a Cal/OSHA inspection;
- navigate and understand the Title 8, California Code of Regulations;
- prepare potential witnesses for the defense;
- utilize the Employee Independent Act defense to defend the employer in any potential civil and criminal suits against the employer;
- apply the knowledge necessary to handle a Cal/OSHA compliance inspection.
To obtain a Verification of Completion, participants must attend at least 90% of class and pass take home exam. |

| Who Should Attend: |
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Occupational health and safety professionals — EH & S managers, industrial hygienists, RNs, supervisors and managers, compliance officers, risk managers, members of health and safety committees, workers, and all others whose work responsibilities involve compliance with California’s health and safety laws and regulations. 
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| Agenda / Topics (subject to change): |
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- Day One
Historical Background of US and California Health and Safety Laws
Formation of OSHA and Cal/OSHA
Comparison of Federal and California OSHA Rules
Examination of the Organization Methods of the California Division of Occupational Safety and Health
California Administrative Code, Title 8:
Industrial Relations Functions
California Labor Code
Assembly Bill 1127 Workers Compensation Reform
Sexual Harassment
California Occupational Safety & Health Program
Corporate Criminal Liability Act
Homework
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Day Two
Analysis of Elements of Cal?OSHA Violations
Employer or Another Responsible for Safety
Safety Order Elements
Employee Exposure
Defenses
Title 8 Safety Orders Associated with Substantial Probability of Death or Serious Harm
Independent Employee Action, Logic Time, Statute of Limitations
Homework
- Day Three
Documenting Violations
Civil and Criminal Penalties
Assessment of Civil Penalties
Occupational Safety and Health Appeals Board (OSHAB)
Classification of Violations
Failure to Abate
Cal/OSHA Appeals Board and Appeals Procedures
Staistical Insights
Case Interpretations
Trial
Appeals
Reconsideration
Final Exam
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| Faculty: |
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JOHN A. O’TOOLE, Ph.D. Dr. O’Toole’s professional experience as a Compliance Safety Engineer and Safety Consultant with Cal/OSHA; presently is Principal Health, Safety & Security Consultant with General Safety Services, LLC specializing in accident and fatality investigations and Cal/OSHA Appeals. He has taught primarily in extended education certificate programs at CSUDH, UCLA, USC; and presently is an Instructor with UCSD, OSHA Training Institute. The Instructor completed training at McGeorge Law School in Cal/OSHA Appeals Course for Administrative Law Judges.
HAL LINDSEY, JD. Dr. Lindsey Has over 25 years experience managing occupational safety and health programs within large corporations, with over 10 years at the executive level. He is a licensed attorney with extensive experience in arguing cases before the California Occupational Safety and Health Appeals Board. He is presently the Regional Safety Manager for Asplundh Construction Corp. and is also an instructor at California State University Dominguez Hills teaching classes in Cal/OSHA Appeals Procedures and Industrial Accident Investigations.
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Professional Points: |
ABIH — 3.34 IH Certification of Maintenance Points from the American Board of Industrial Hygiene have been approved
MCLE — 16 hours of MCLE have been approved by the State Bar of California
BCSP and Continuing Education Units — Eligible for 2.0 Continuation of Certification Points/CEUs
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Click Here to Download Brochure / Registration
Click Here to Register on-line
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