FLASH REPORTS

Flash: Feds Suspend COVID Vaccine Rule

Fed-OSHA halts implementation and enforcement of controversial Covid vaccination rules.

Flash: Vaccine Mandate & Executive Order Spur Litigation

By: Mark Webb
Multiple legal challenges all over the country have been filed against Fed-OSHA’s vaccine Emergency Temporary Standard (ETS) and the president’s executive order mandating corporations police employee behavior. Columnist Mark Webb digs in and explain the legal and technical issues. Click Here to learn about it. It’s clear content provided as a public service.

ARTICLES

Last Revisions to Firefighters’ PPE Proposal?

The Cal/OSHA Standards Board could be voting soon on a long-awaited proposal to update the requirements for safety gear for those who protect our structures and land. Here’s why this proposal has taken so long to get done, and what happens next.

California Vaccine Mandate Extension

New scientific data puts in question the basis of Cal/OSHA’s Emergency Temporary Standard. As the U.S. Supreme Court mulls the Biden administration’s vaccine mandate rule, Cal/OSHA prepares a California adoption – just in case the court says yes. The question is should there be a standard at all?

Autonomous Tractors: Will They Be a Game Changer?

California agriculture has been trying to obtain regulatory approval for full use of driverless tractors for more than two decades. An experimental variance in wine country could be a big step to Cal/OSHA recognition of high-tech equipment.

Workplace Fatality Update

The first week of 2022 saw three workplace fatalities, Here are the cases.

What is the Future of COVID Regulation?

Performance, prescriptive or something in-between. Stakeholders debate the future of Cal/OSHA’s controversial COVID regulation, and the emergency standard has only a few months left, and a permanent replacement is under consideration. Will everything change and to what?

Major New Safety Laws in Effect

The new year brings new requirements for California employers – and potentially big consequences. Here are the two bills that employers need to know about.
As Cal-OSHA Reporter begins 49th Year…

2021’s Top Stories

2021s Top Stories were not just COVID related. There were many other newsworthy stories in the pages of Cal-OSHA Reporter. Here’s a look back.

Workplace Fatality Update

The year ends with six California workplace deaths, two of them from COVID.

CASES

ANDREW HARRISON BARNES

49 COR 40-8505 [¶23,159R]

JURISDICTION – PETITION FOR RECONSIDERATION
Labor Code § 6614(a) (2021) – The Appeals Board lacked jurisdiction to grant reconsideration of Employer’s late petition.

Digest of COSHAB’s Decision After Reconsideration dated December 21, 2021, Inspection No. 1272378.

 

LINEAGE LOGISTICS LLC

49 COR 40-8505 [¶23,160R]

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – SERVICE OF DOCUMENTS OR DUTY TO NOTIFY OTHERS OF APPEAL AND HEARING, WITHDRAWAL OF ALL OR PART OF DIVISION ACTION
Board reg. § 364.1 (2021) – The Appeals Board declined to interfere with the Division’s prosecutorial discretion to withdraw three citations. Employer showed no fraud or misrepresentation in the Division’s unilateral withdrawal of the citations.

Digest of COSHAB’s Denial of Petition for Reconsideration dated December 21, 2021, Inspection No. 1423464.

ARRIAGA USA, INC. DBA STONELAND USA

49 COR 40-8501 [¶23,158R]

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – HEARING, POST-SUBMISSION AMENDMENTS
Board reg. § 386 (2021) – The Appeals Board granted the Division’s motion to correct the legal name of Employer, which did not show it would suffer prejudice if the correction were allowed.

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – HEARING
Board reg. § 376 (2021) – Employer was not denied its right to a hearing due to technical issues that arose during a video hearing. Technical “glitches” did not amount to a due process violation, because Employer was able to fully participate and offered no evidence the issues affected the administrative law judge’s decision upholding a citation.

POWER TRANSMISSION EQUIPMENT, PRIME MOVERS, MACHINES AND MACHINE PARTS – MOVING PARTS OF MACHINERY OR EQUIPMENT, GUARDING
Cal. Code Regs, tit. 8, § 4002(a) (2021) – Employer’s employees were exposed to an unguarded bridge saw, a serious, accident-related violation. The evidence clearly showed the crushing hazard was within the structure of the bridge saw, which was not guarded by frame or location.

Digest of COSHAB’s Decision After Reconsideration dated December 7, 2021, Inspection No. 1279492.

O.C. JONES & SONS, INC.

48 COR 40-8499 [¶23,157R]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7) (2021) – Employer failed to implement its IIPP by not providing training to an employee performing a new job assignment, a serious, accident-related violation.

Digest of COSHAB’s Denial of Petition for Reconsideration dated December 6, 2021, Inspection No. 1342017.

SHIMMICK CONSTRUCTION COMPANY, INC.

48 COR 40-8497 [¶23,156]

OCCUPATIONAL INJURY OR ILLNESS REPORTS AND RECORDS – EMPLOYER RECORDS OF OCCUPATIONAL INJURY OR ILLNESS, CAL/OSHA FORM 300
Cal. Code Regs, tit. 8, § 14300.29(b)(1) (2021) – Employer failed to provide all information to complete one entry on its Form 300, a regulatory violation. The ALJ reduced the proposed penalty based on the penalty adjustment factors.

 

GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, FORKS CARRIED AS LOW AS POSSIBLE
Cal. Code Regs, tit. 8, § 3650(t)(15) (2021) – Employer failed to ensure forks on a forklift were carried as low as safely possible, a general violation. The ALJ reduced the proposed penalty based on the penalty adjustment factors.

 

GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, OPERATOR RESTRAINT SYSTEM, SEAT BELT
Cal. Code Regs, tit. 8, § 3650(t)(33) (2021) – The Division failed to establish Employer did not ensure a forklift operator wore a seat belt.

 

SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT NOT USED OR OPERATED UNDER CONDITIONS OF SPEED, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS
Cal. Code Regs, tit. 8, § 3328(a)(2) (2021) – Employer failed to ensure load conditions conformed to the manufacturer’s recommendations. The ALJ reclassified the penalty from serious to general and reduced the penalty.

 

GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, GRADES ASCENDED OR DESCENDED SLOWLY
Cal. Code Regs, tit. 8, § 3650(t)(14)(A) (2021) – Employer failed to ensure a forklift’s descent on a ramp in excess of 10 percent grade was performed with the load positioned upgrade. The ALJ reduced the proposed penalty based on the penalty adjustment factors.

 

GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, DRIVER’S VISION OBSTRUCTED
Cal. Code Regs, tit. 8, § 3650(t)(11) (2021) – The Division failed to establish Employer did not ensure a forklift with an obstructed forward view was driven with the load trailing.

Summary of COSHAB-ALJ’s Decision dated November 19, 2021, Inspection No. 1192534 (Oakland, CA).

HATHAWAY DINWIDDIE CONSTRUCTION CO.

48 COR 40-8495 [¶23,155]

CONSTRUCTION SAFETY ORDERS – ERECTION AND CONSTRUCTION, REQUIREMENTS FOR IMPALEMENT PROTECTION, REINFORCING STEEL AND OTHER SIMILAR PROJECTIONS
Cal. Code Regs, tit. 8, § 1712(c)(1) (2021) – Employer, general contractor on a construction jobsite, failed to guard all exposed ends of protruding steel so as to protect employees from the hazard of impalement, a general violation.

Summary of COSHAB-ALJ’s Decision dated November 5, 2021, Inspection No. 1410726 (Los Angeles, CA).

NBC MANTECA MERCHANTS, INC.

48 COR 40-8493 [¶23,154]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, FOOT PROTECTION
Cal. Code Regs, tit. 8, § 3385(a) (2021) – Employer violated the safety order by failing to require appropriate foot protection where employees were exposed to foot injuries from falling objects or crushing actions, a serious violation. The ALJ reduced the proposed penalty.

Summary of COSHAB-ALJ’s Decision dated October 28, 2021, Inspection No. 1486492 (Manteca, CA).

SD DESIGN CONSTRUCTION CORP.

48 COR 40-8491 [¶23,153R]

APPEAL – LATE FILING
Labor Code § 6601 (2021) – Employer failed to establish good cause for its late appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 5, 2021, Inspection No. 1485458.