Occupational Safety and Health Appeals Board approves remote attendance, reviews staffing and litigation calendar
Get AI-powered insights, summaries, and transcripts
Subscribe
Summary
At its Feb. 25, 2026 meeting, the Occupational Safety and Health Appeals Board approved a remote-attendance request, confirmed staff hiring updates, reviewed rulemaking and stakeholder training plans, and received a litigation calendar with multiple upcoming hearings.
The Occupational Safety and Health Appeals Board on Feb. 25, 2026, approved a request allowing Board member Marvin P. Kropke to attend the March 11 and March 25 meetings remotely and reviewed staffing, rulemaking and an extensive litigation calendar.
The remote-attendance motion was made by Member Marvin Kropke and seconded by Management Member Judith Freyman; the board voted 3-0 to approve the request under Government Code section 11123.2. The board also unanimously approved the minutes from its Feb. 11, 2026 meeting on a motion by Kropke, seconded by Freyman.
Executive Officer Scott Pease reported personnel developments: limited-term Attorney III Brian Nichols was selected for the full-time Attorney III position, interviews for an Attorney I position will be held in March, and an interview packet for a Supervisor I position is being finalized.
Staff Counsel Karen Halbo told the board the Pre-hearing and Hearing Regulations rulemaking package remains under review at the Labor Agency; she said the review is expected to take two to four months and that she will follow up with the Office of Legislative and Regulatory Affairs on March 5, 2026. Presiding Administrative Law Judges Sam E. Lucas and Kerry Lewis said they are working on a training course for stakeholders explaining the Board’s appeal process. Board staff also discussed document remediation for ALJ decisions and accessibility requirements for materials posted online; Judge Christopher Jessup later provided clarification on document accessibility during the public comment period.
Chief Counsel Aaron Jackson provided a litigation update and dates: the Board’s demurrer in The Geo Group (case 1609228) is scheduled for hearing on March 6, 2026; General Dynamics NASSCO (1300984) will have appellate oral arguments on March 10, 2026; Metropolitan News Company (1689021) has a Board demurrer hearing on April 9, 2026, with an employer motion for sanctions also set that day; and the Board’s demurrer in Uber (1594663) is scheduled for April 20, 2026.
On petitions and reconsideration matters, the Board voted 3-0 to take the petition for reconsideration in case 1824578 (Allied Express Logistics, Inc.) under submission. The board also voted 3-0 to issue Decisions After Reconsideration in case 1625267 (Boulay Construction), case 1692964 (L & S Framing, Inc.), and case 1581944 (Marques General Engineering, Inc.). Several other matters were discussed, including orders dismissing appeals and an order denying leave to file a late appeal (case 1819474, Hormel Foods Operations, LLC).
The Board reviewed a long list of Administrative Law Judge settlement orders and noted they are available to stakeholders for research. The meeting’s public-comment period included remarks about Division of Occupational Safety and Health (DOSH) hiring needs and respirator concerns from members of the public; staff answered clarifying questions about training and accessibility. The closed session adjourned at 11:11 a.m., the Board incorporated closed-session actions by reference, and the public meeting adjourned at 11:12 a.m.
What’s next: staff will follow up on the rulemaking review on March 5, and several cases listed in the litigation calendar have hearings scheduled in March and April.