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Among the hundreds of recent settlements of Cal/OSHA citation cases are several big, significant cases, and one small but notable case. Learn what they are all about.

49 COR 40-9017 [¶23,378R]

CODE OF SAFE PRACTICES –
Title 8, California Code of Regulations, §1704(f)
The Division’s proffered evidence showed Employer failed to include adequate warnings regarding the safe use of the nail gun in its COSP.

MANUFACTURER’S INSTRUCTIONS –
Title 8, California Code of Regulations, §1704(b)(2)
The Division’s proffered evidence showed the nail gun was not operated in accordance with the manufacturer’s operating instructions.

TRAINING –
Title 8, California Code of Regulations, §1704(g)
The Division’s proffered evidence showed that Employer failed to train its employees on the safe use of the nail gun.

SAFETY ORDER – VAGUE AND UNENFORCEABLE  –
The Appeals Board determined that safety order §1704(f) was not unconstitutionally vague or ambiguous.  Employer had adequate notice of the violation of the training requirement.

CITATION NOTICE/PARTICULARITY –
Labor Code §6317
The Appeals Board determined that the citation described with particularity the nature of the violation affording Employer due process.

SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION –
Labor Code §6432(a) –
Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm.  Employer did not rebut the presumption.

ACCIDENT-RELATED CHARACTERIZATION –
The Appeals Board agreed with the ALJ’s determination that the Division demonstrated a causal nexus between the violation and serious injury for Citation 2.

ABATEMENT –
Employer did not demonstrate that the abatement requirements and timeframe for Citations 2 and 3 were unreasonable.

ASSESSMENT OF CIVIL PENALTY –
The citations were affirmed, with the Board’s adjustment in penalty for Citation 3.

Digest of COSHAB’s Decision After Reconsideration dated December 3, 2025, Inspection No. 1692964.

 

49 COR 40-9015 [¶23,377]

ILLNESS AND INJURY PREVENTION PROGRAM (IIPP)
Title 8, California Code of Regulations, §1509(a) –
The evidence presented demonstrated that the Division met its burden to show that Employer failed to effectively implement its IIPP by adequately analyzing and correcting known hazards at the worksite.

CONSTRUCT, INSTALL OR MAINTAIN POSITIVE STOPS
Title 8, California Code of Regulations, §3324(b)  –
The Division did not provide sufficient evidence that there was a failure to install and maintain a positive stop or devices on a horizontal sliding gate.

SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §334(c)(1)
The proffered evidence showed that Citation 1 was properly classified as Serious as there was actual serious physical harm.  Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1 was affirmed, and the proposed penalty was assessed.  Citation 2 was vacated.

Digest of COSHAB ALJ’s Decision dated Nov. 14, 2025, Inspection No. 1722052 (Lancaster)

 

49 COR 40-9015 [¶23,376R]

FAILURE TO APPEAR – GOOD CAUSE
Labor Code §6611 –
The Appeals Board found that Employer did not demonstrate good cause for its failure to appear.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 20, 2025, Inspection No. 1599318

 

49 COR 40-9011 [¶23,375]

OPERATING RULES –
Title 8, California Code of Regulations, §3664(a)
The proffered evidence showed that Employer failed to post a set of Operating Rules for employees operating industrial trucks or industrial tow tractors

INDUSTRIAL TRUCKS –
Title 8, California Code of Regulations, §3650(t)(22)
The proffered evidence showed Employer securely blocked or restrained trucks and trailers at loading docks.

FOOT PROTECTION –
Title 8, California Code of Regulations, §3385(a)
The proffered evidence showed Employer failed to provide appropriate foot protection to employees exposed to falling objects or crushing or penetrating actions.

AFFIRMATIVE DEFENSES –
Employer did not establish any of its asserted affirmative defenses.

 REGULATORY CLASSIFICATION –
Title 8, California Code of Regulations, §334(a)
The proffered evidence showed that Citation 1, Item 1, was properly classified as it was a failure to post violation.

SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §6432(c)
The proffered evidence showed that Citation 2 was properly classified as Serious as there was a realistic possibility of serious physical harm.  Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, and Citation 2, were affirmed and the proposed penalties were deemed reasonable.

Digest of COSHAB ALJ’s Decision dated Oct. 28, 2025, Inspection No. 1469097 (Santa Clarita)

 

49 COR 40-9005 [¶23,373]

ILLNESS AND INJURY PREVENTION PROGRAM (IIPP)
Title 8, California Code of Regulations, §3203(a)(4)(B) –
The evidence presented demonstrated that the Division did not meet its burden to show that Employer failed to effectively implement its IIPP by adequately inspecting, identifying and evaluating hazards at the worksite.

INSPECTION
Title 8, California Code of Regulations, §2941(d) –
The Division did not provide sufficient evidence that there was a failure to inspect the poles to ensure they were in a safe condition before climbing.

Digest of COSHAB ALJ’s Decision dated Oct. 31, 2025, Inspection No. 1484149 (Soda Springs)

49 COR 40-9006[¶23,374]

HAZARDOUS ENERGY CONTROL –
Title 8, California Code of Regulations, §3314(l)(1)
Employer did not provide training records on the de-energization and lockout or tagout process of the Kopper Press Machine during cleaning operations.
Title 8, California Code of Regulations, §3314(c)(1)
The proffered evidence showed Employer did not thoroughly train on the safe use of extension tools.
Title 8, California Code of Regulations, §3314(g)
The proffered evidence showed Employer did not provide a written hazardous energy control procedure.

AFFIRMATIVE DEFENSES –
INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD)
Employer did not establish all five elements of IEAD, the defense failed.

SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §6432(c)
The proffered evidence showed that Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm.  Employer did not rebut the presumption.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, was resolved by stipulation. Citation 1, Item 3, and Citations 2 and 3 were affirmed and adjusted penalties were assessed.

Digest of COSHAB ALJ’s Decision dated Oct. 29, 2025, Inspection No. 1446266 (Hayward)

49 COR 40-9003 [¶23,372R]

 LATE APPEAL – GOOD CAUSE
Title 8, California Code of Regulations, §359(d) –
Labor Code §§6600, 6601and 6602 –

The 15 working day period may be extended by the Appeals Board for good cause. Employer demonstrated good cause for its late appeal.

 

49 COR 40-9003 [¶23,371R]

 JURISDICTION – PETITION FOR RECONSIDERATION –
Labor Code §6614(a) –
The Appeals Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 3, 2025, Inspection No. 1698769.