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On Sept. 28, 2021, California Gov. Gavin Newsom signed into law Senate Bill 606 (SB 606), which, among other things, creates two new categories of California Division of Occupational Safety and Health (Cal/OSHA) violations: “egregious” and “enterprise-wide.”

The new categories of violations carry significant monetary penalties against employers. Employers face up to $134,334 per egregious and enterprise-wide violation. But employers who commit egregious violations could face significantly higher monetary penalties, because each exposed employee will be considered a separate violation, i.e., $134,334 multiplied by the number of impacted employees. The new law takes effect Jan. 1, 2022.

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Photo of Michael T. Taylor Michael T. Taylor

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael has defended scores of employers during enforcement litigation before federal OSHA, Cal-OSHA, SC-OSHA, WA-DOSH, as well as other state plan states. Many of these representations have involved a significant injury, fatality, or catastrophic event in the workplace.

Currently, Michael is providing guidance to employers regarding appropriate engineering, work practices, administrative controls, and personal protective equipment when dealing with COVID-19 in the workplace. Michael also provides OSHA compliance counseling, OSHA inspection counseling, OSHA whistleblower representation, and OSHA due diligence reviews, and CSB investigations for clients.  Michael has wide-ranging experience in the workplace safety field, including his prior public service as General Counsel to the Occupational Safety and Health Review Commission, the federal agency in charge of the trials and appeals of workplace safety and health disputes between federal OSHA and the regulated community. In 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety. A highly committed advocate, Michael’s clients can rely on him to be present and engaged regarding any workplace safety and health issue in any state across the country.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.

Photo of Tim Swickard Tim Swickard

Tim Swickard focuses his practice on federal and state environmental regulatory compliance and litigation, real estate development, land use entitlement, environmental compliance, hazardous waste, and water law. He represents recycling, environmental cleanup, transportation industry businesses, commercial and residential developers, Indian Nations, public agencies,

Tim Swickard focuses his practice on federal and state environmental regulatory compliance and litigation, real estate development, land use entitlement, environmental compliance, hazardous waste, and water law. He represents recycling, environmental cleanup, transportation industry businesses, commercial and residential developers, Indian Nations, public agencies, and landowners. Tim previously served as the director and chief counsel for Cal/EPA Department of Toxic Substances Control under Governor Arnold Schwarzenegger.

Tim counsels clients on a wide array of topics related to environmental and regulatory law, including USEPA, USCOE, Cal/EPA, USFSW, CDFW, FDA, USDA, and CDFA. He also represents clients in OSHA Workplace Health and Safety facility regulatory compliance and enforcement defense, permitting and licensing, transportation, and storage.

Tim represents clients in brownfields development and other fields where energy law, real estate law, and governmental regulation overlap, such as CEQA, NEPA, wetlands, endangered species, transportation law, natural resource damages, air quality, greenhouse gas emissions, contaminated site cleanup cost allocation, mining, timber harvesting, agricultural law, and legislative and regulatory advocacy.