©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 373 21 AB 2334 (an amendment to Gov’t Code § 65915, resurrecting the substance of a suspended Obama Administration rule providing for a longer statute of limitations for recordkeeping violations). The Trump Administration had suspended the rule. AB 2334 directs Cal/OSHA to “monitor” federal rulemaking and, if federal OSHA has “eliminated or substantially diminished” electronic recordkeeping requirements, Cal/OSHA must “evaluate how to implement changes necessary to protect the goals” of the proposed rule issued by the Obama Administration in May 2016. AB 2334 also revives an Obama Administration rule amounting to a five-year statute of limitations for recordkeeping violations., specifying that a recordkeeping violation “occurrence” continues until it is corrected, Cal/OSHA discovers the violation, or the duty to comply with the requirement no longer applies. California employers thus can expect to see citations issued by Cal/OSHA for violations going back beyond the normal six-month limitations period. 22 Health & Safety Code § 118600(a). 23 24 Cal. Code Regs. § 11.B.216. 24 2 Cal. Code Regs. § 11034. 25 8 Cal. Code Regs. § 3342. 26 Id. 27 See 8 Cal. Code Regs. § 14300.41, including Appendix H, for a list of specific covered employers. 28 AB 203, 2019 bill adding Lab. Code § 6709. 29 8 Cal. Code Regs. § 5141.1 30 Cal/OSHA, https://www.dir.ca.gov/DOSH/Coronavirus/Covid-19-NE-Reg-FAQs.html (last visited Mar. 6, 2023). 31 Labor Code § 6409.6. 32 SB 606, 2021 bill codified in Lab. Code §§ 6317, 6317.8, 6317.9, 6323, 6324, 6429, and 6602 33 SB 553, 2023 bill amending, repealing, and adding to Code of Civil Procedure § 527.8, amending and adding to Labor Code §§ 6401.7 and 6401.9. 34 SB 1167, adding to Labor Code § 6720.
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