Claims stemming from workplace accidents could increase civil claims.
Due to a recent decision, under California’s consumer protection law an employee can sue their employer for workplace safety violations. The realistic effect of the decision is that there could be an increase in civil claims for unfair competition or false advertising. This white paper provides background facts on the case and an analysis of the decision made by the court and what impact it may have going forward.
Kaitlyn D. Shannon
Beveridge & Diamond Pc
Kaitlyn D. Shannon focuses her practice on environmental enforcement and litigation. She has experience with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the National Environmental Policy Act (NEPA); and California’s Environmental Quality Act (CEQA) and routinely assists clients in navigating the interaction between state and federal laws in these areas. She also handles administrative appeals for employers under California’s Occupational Safety and Health (Cal/OSHA) program and has guided companies through the use of California writ petitions to challenge agency actions.
Kaitlyn also assists diverse industries in making strategic decisions before litigation is initiated to either resolve the conflict through early communications with the regulating agency or, if necessary, take action to preserve legal case theories. In particular, she provides advice to product manufacturers and trade associations under multiple California Extended Producer Responsibility (EPR) regulatory schemes.
Mark N. Duvall
Beveridge & Diamond, P.C.
Mark Duvall has over two decades of experience working in-house at large chemical companies. His focus at Beveridge & Diamond, P.C. has been on product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.
He heads the Firm’s Toxic and Harmful Substances/Toxic Substances Control Act practice. His experience under TSCA includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions. Since the enactment of TSCA amendments in 2016, he has been heavily involved in advocacy, compliance activity, and litigation arising from EPA's implementation of these amendments. He also works with foreign counterparts to TSCA, including REACH and CEPA.
He also heads the Firm’s Occupational Safety and Health practice. He has extensive experience with OSHA and state OSHA inspections, enforcement litigation, compliance counseling, advocacy, and rulemaking, with particular emphasis on process safety. He has counseled clients on the EPA risk management program requirements under Section 112(r) of the Clean Air Act and state worker protection programs, and on inspections by the Chemical Safety and Health Investigation Board.
Jayni A. Lanham
Beveridge & Diamond, P.C.
Jayni Lanham’s practice includes litigation and regulatory counseling on federal and state environmental, health, and safety laws and related common law matters. Jayni’s litigation practice involves pre-trial motions practice, complex discovery, and the development of effective technical defenses. In addition to her litigation practice, Jayni counsels clients on a variety of environmental, health, and safety programs. A leader of Beveridge & Diamond’s Occupational Safety and Health group, Jayni advises clients on compliance and enforcement issues related to the Occupational Safety and Health Act (OSHA) and its state equivalents.
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