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Court limits document access in Cal/OSHA lawsuit

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in Employment Law,Human Resources

A state Court of Appeals has ruled that the California Division of Occu­­pa­­tional Safety and Health (Cal/OSHA) does not have to produce 2,200 files covering several years in a lawsuit over enforcement of California’s regulations designed to safeguard workers from work-related heat illness.

Civil rights groups and the United Farm Workers union filed the suit in 2009, alleging that Cal/OSHA failed to enforce the state’s heat-illness injury prevention law.

The plaintiffs wanted access to six years’ worth of Cal/OSHA records, in an attempt to show that “Cal/OSHA has a ‘pattern and practice’ of failing to perform its ministerial duty to enforce the heat illness prevention regulation.”

The appeals court turned down that petition, letting them review only records for 2009, the year in which the lawsuit alleges Cal/OSHA failed to enforce the law.

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