FLASH REPORTS

Flash: Judge Denies Injunction Against Amazon S.F.

An employee sues the online giant over conditions at its San Francisco grocery warehouse related to COVID-19. Here's why the judge says a restraining order is not warranted.

Flash: Masks Now Required Everywhere in California

New guidelines outline when face coverings are now required in California and when Californians can go without. Click here for the guidance.

ARTICLES

Employers: Caution on Dangerous Hand Sanitizers

Here's what to look for to avoid substandard – and even dangerous – hand sanitizers, plus a list of “do not use” manufacturers.

CPH Revision Now Effective

Here's what construction employers must do on multi-story projects to keep in Cal/OSHA compliance with rules on personnel hoists.

FDA Hand Sanitizer “Do Not Use” List

Here’s list the federal Food and Drug Administration on toxic and sub-potent hand sanitizer products you should not use.

COVID Enforcement – Whatever That Means

The governor says he wants to provide “expedited enforcement” to curb COVID, but even with that in the works, Cal/OSHA is fanning out into farm country and other areas to enforce its message.

A Video First for the Appeals Board

By: Rick Waldinger, Esq. legal editor who attended from Scottsdale, Arizona
With in-person hearings impossible because of the pandemic, the Cal/OSHA Appeals Board recently held its first virtual hearing, with the promise of more to come.

2 Big Ones Pending in the Legislature

SB 1257 would remove a Labor Code exemption that a legislator says has denied domestic workers basic labor protections. But could it prove a Cal/OSHA pitfall for homeowners?
Broadening the Flash Report…

Judge: Amazon Injunction Unnecessary

After an employee files suit against Amazon's San Francisco grocery fulfillment center, a judge outlines why he nixed a preliminary injunction to force COVID-19 precautions.

Wildfire Smoke Regulation Revisions

The Standards Board has made changes to its “permanent” version of the wildfire smoke protection regulation. Here are the changes, how you can weigh in on the, and what happens next.

CASES

SAPUTO CHEESE USA, INC.

47 COR 40-8321 [¶23,062R]

APPEAL – LATE FILING
Board reg. § 359(a), (b) (2020) – Employer did not show good cause for its late appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated August 4, 2020, Inspection No. 1436614.

ERNEST GONZALES DBA WORLD FAMOUS PLUMBING

47 COR 40-8321 [¶23,061R]

APPEAL – LATE FILING
Labor Code § 6617 (2020) – The Appeals Board lacked jurisdiction to grant reconsideration where Employer filed an untimely appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated August 3, 2020, Inspection No. 1401228.

 

CHAMPION HOME BUILDERS, INC.

47 COR 40-8319 [¶23,059R]

JURISDICTION – PETITION FOR RECONSIDERATION
Labor Code § 6614(a) (2020) – The Appeals Board lacked jurisdiction to grant reconsideration over Employer’s untimely petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated July 23, 2020, Inspection No. 1422960.

 

GOLDEN STATE BORING & PIPE JACKING, INC

47 COR 40-8319 [¶23,060R]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP), TRAINING
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7)(C) (2020) – The Division established that an employee was not trained on use of a boring machine, in violation of the safety order.

SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – CONTROL OF HAZARDOUS ENERGY FOR CLEANING, REPAIRING, SERVICING, SETTING-UP, AND ADJUSTING OPERATIONS OF PRIME MOVERS, MACHINERY AND EQUIPMENT, INCLUDING LOCKOUT/TAGOUT
Cal. Code Regs, tit. 8, § 3314(c) (2020) – Employer failed to ensure a machine was de-energized and locked out to prevent inadvertent movement during servicing. An exception to the safety order did not apply because the operation did not constitute a minor adjustment performed using alternative measures providing effective protection to the operator.

Digest of COSHAB’s Decision After Reconsideration dated July 24, 2020, Inspection No. 1308948.

 

ALCAL SPECIALTY CONTRACTING, INC.

47 COR 40-8317 [¶23,058]

CONSTRUCTION SAFETY ORDERS – FALL PROTECTION, PERSONAL FALL ARREST SYSTEMS, PERSONAL FALL RESTRAINT SYSTEMS AND POSITIONING DEVICES
Cal. Code Regs, tit. 8, § 1670(a) (2020) – The Division failed to establish Employer did not ensure employees utilized appropriate fall protection while exposed to falling in excess of 7 and one-half feet from the unprotected side or edge of a structure.

Summary of COSHAB-ALJ’s Decision dated June 30, 2020, Inspection No. 1236516 (Riverside, CA).

QUINTANA CONSTRUCTION INC.

47 COR 40-8317 [¶23,057R]

JURISDICTION – PETITION FOR RECONSIDERATION
Labor Code § 6614(a) (2020) – The Appeals Board lacked jurisdiction to grant reconsideration over Employer’s untimely petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated June 24, 2020, Inspection No. 1198572.

MTM BUILDERS, INC.

47 COR 40-8315 [¶23,056R]

CONSTRUCTION SAFETY ORDERS – FLOOR, ROOF, AND WALL OPENINGS TO BE GUARDED
Cal. Code Regs, tit. 8, § 1632(b)(1) (2020) – The Division failed to establish that Employer did not guard floor, roof, and skylight openings.

CONSTRUCTION SAFETY ORDERS – FALL PROTECTION, PERSONAL FALL ARREST SYSTEMS, PERSONAL FALL RESTRAINT SYSTEMS AND POSITIONING DEVICES
Cal. Code Regs, tit. 8, § 1670(a) (2020) – The Division failed to establish that Employer did not ensure employees used fall protection while exposed to falls in excess of seven and one-half feet from the perimeter of a structure, unprotected sides and edges, leading edges, through shaftways

Digest of COSHAB’s Denial of Petition for Reconsideration dated June 12, 2020, Inspection No. 1101230.

 

QUALITY AG, INC.

47 COR 40-8311 [¶23,055]

SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, HEAT ILLNESS PREVENTION PLAN (HIPP)
Cal. Code Regs, tit. 8, § 3395(i) (2020) – Employer’s HIPP failed to contain all required elements, a general violation.

INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) –PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS INCLUDING SCHEDULED PERIODIC INSPECTIONS
Cal. Code Regs, tit. 8, § 3203(a)(4) (2020) – The Division failed to establish that Employer did not implement its IIPP with respect to exposure to inhalation of cocci spores during soil-disturbing activities. Employer effectively implemented its duty to inspect, evaluate and identify the hazard.

INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION WHEN PROGRAM IS FIRST ESTABLISHED
Cal. Code Regs, tit. 8, § 3203(a)(7)(A) (2020) – Employer failed to implement its IIPP by providing effective training on Valley Fever, a serious violation.

SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, ACCESS TO SHADE
Cal. Code Regs, tit. 8, § 3395(d)(3) (2020) – The Division failed to establish that Employer did not provide access to shade to its employees.

SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, TRAINING
Cal. Code Regs, tit. 8, § 3395(h) (2020) – The Division failed to establish that Employer did not provide effective training to its employees and supervisor on the risk of heat illness.

CONTROL OF HAZARDOUS SUBSTANCES – DUSTS, FUMES, MISTS, VAPORS AND GASES, CONTROL OF HARMFUL EXPOSURE TO EMPLOYEES, ENGINEERING CONTROLS
Cal. Code Regs, tit. 8, § 5141(a) (2020) – Employer failed to prevent harmful exposure to the hazard of Valley Fever through use of feasible engineering controls, a serious violation.

Summary of COSHAB-ALJ’s Decision dated May 6, 2020, Inspection No. 1275087 (Fillmore, CA).