FLASH REPORTS

Flash: New DIR Director & Counsel

Over a year into his office and nearly two years after a vacancy the Governor appoints a new head of Division of Industrial Relations. They get a new General Counsel as well.

Flash: Coronavirus: Don't Panic, but Be Prepared

A scary outbreak in China has health authorities on alert. Here's what we know, and the best way to protect yourself and your workplace.

ARTICLES

DOSH Adopts Federal Respirator Guidance

With a severe shortage of respirators for healthcare in the COVID fight, here are Cal/OSHA's ideas on what to use instead, and how to make supplies last.

Last Month for 300A Reporting

April is the third and final month employers must post their summary of workplace injuries and illnesses for the previous year. But how does the coronavirus crisis and widespread workplace shutdowns affect this requirement?

DOL vs. USPS

One federal entity is taking another to court over a worker's termination following an injury. Here's the story.

State Fund Planning New Safety Incentives for Employers

Fresh from the success of a safety program targeting the roofing industry, the insurer plans to expand its efforts to promote safety throughout industry.

Dockworker Killed in Fall

Here's the latest fatality under investigation by Cal/OSHA.
Wildfire Smoke Emergency Rule Readopted

Delay Respirator Enforcement?

The coronavirus pandemic response demands respirators, but so does California's wildfire smoke protection regulation. Employers are calling on Cal/OSHA to rethink it's priorities in the wake of the outbreak.

Cal/OSHA and the Quarantine

How has the statewide shelter-in-place affected the operations of the three branches of Cal/OSHA?

Tele-Hearing on Personnel Hoists

What difference can 24 feet make? Ironworker representatives press for a Cal/OSHA revision on when construction personnel hoists must be installed, while industry asks for a little leeway.

CASES

HANSFORD INDUSTRIES, INC., DBA VIKING STEEL

47 COR 40-8269 [¶23,027]

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT, POWERED INDUSTRIAL TRUCK OPERATOR TRAINING, CERTIFICATION
Cal. Code Regs, tit. 8, § 3668(f) (2020) – Employer certified that its forklift operators had been trained and evaluated as required. The Division failed to establish a violation.

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS
Cal. Code Regs, tit. 8, § 3203(a)(4) (2020) – Employer did not implement procedures for identifying and evaluating workplace hazards pertaining to movement of fabricated steel components via forklift, a general violation.

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT, OPERATING RULES, EMPLOYEES NOT ALLOWED TO STAND, PASS OR WORK UNDER ELEVATED PORTION OF ANY INDUSTRIAL TRUCK
Cal. Code Regs, tit. 8, § 3650(t)(6) (2020) – The Division failed to establish Employer allowed employees to stand, pass, or work under the elevated portion of any industrial truck, loaded or empty, that was not effectively blocked to prevent it from falling.

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT, OPERATING RULES, EXTREME CARE TAKEN WHEN TILTING LOAD
Cal. Code Regs, tit. 8, § 3650(t)(28) (2020) – Employer allowed an employee to tilt an elevated load forward when the load was not being deposited onto a storage rack or equivalent, a serious violation.

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT, POWERED INDUSTRIAL TRUCK OPERATOR TRAINING, TRAINING PROGRAM CONTENT
Cal. Code Regs, tit. 8, § 3668(c) (2020) – Employer failed to provide initial training to its powered industrial truck operators in all topics required by the safety order, a serious violation.

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT, LOADS BALANCED, BRACED OR SECURED TO PREVENT TIPPING AND FALLING
Cal. Code Regs, tit. 8, § 3650(l) (2020) – Employer allowed  employees to handle an unstable load, and did not take measures to balance, brace or secure the load to prevent it from tipping and falling while clamps were being removed, a serious, accident-related violation.

GENERAL MOBILE EQUIPMENT AND AUXILIARIES – TRANSPORTATION OF EMPLOYEES AND MATERIALS, SECURING LOADS
Cal. Code Regs, tit. 8, § 3704 (2020) – Employer violated the safety order by not securing a staircase against dangerous displacement while it was loaded on the forks of the forklift, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated February 21, 2020, Inspection No. 1133550 (Sacramento, CA).

SOUTHERN CALIFORNIA EDISON DBA SOUTHERN CALIFORNIA EDISON COMPANY

47 COR 40-8265 [¶23,026]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, MEDICAL SERVICES AND FIRST AID, COMMUNICATION SYSTEM FOR CONTACTING DOCTOR OR EMERGENCY MEDICAL SERVICE
Cal. Code Regs, tit. 8, § 3400(f)(1) (2020) – Employer had a written plan to provide prompt medical treatment in the event of a serious injury, but did not effectively implement the plan. The Division established a general violation.

ELECTRICAL SAFETY ORDERS – HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS, WORK PROCEDURES AND OPERATING PROCEDURES, OBSERVERS
Cal. Code Regs, tit. 8, § 2940(d) (2020) – A qualified electrical worker or trainee did not remain in close proximity to an employee’s work location when the employee was working on energized electrical equipment. The Division established a serious violation

ELECTRICAL SAFETY ORDERS – HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS, WORK PROCEDURES AND OPERATING PROCEDURES, PROTECTION FROM BACKFEED VOLTAGE
Cal. Code Regs, tit. 8, § 2940.9 (2020) – All possible sources of backfeed voltages were not eliminated. The Division established a serious,  accident-related violation.

ELECTRICAL SAFETY ORDERS – HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS, WORK PROCEDURES AND OPERATING PROCEDURES, HAZARDOUS ENERGY CONTROL PROCEDURES, SHIFT OR PERSONNEL CHANGES
Cal. Code Regs, tit. 8, § 2940.13(l) (2020) – Hazardous energy control procedures were not used during a personnel shift change. The Division established a serious, accident-related violation.

ELECTRICAL SAFETY ORDERS – HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS, WORK PROCEDURES AND OPERATING PROCEDURES, WORK ON OR IN PROXIMITY TO UNDERGROUND HIGH-VOLTAGE CABLES, CONDUCTORS OR EQUIPMENT
Cal. Code Regs, tit. 8, § 2943(h)(3) (2020) – An employee did not use personal protective equipment, barriers, or other methods to prevent inadvertent contact with electricity. The Division established a serious, accident-related violation.

INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – SYSTEM FOR COMPLIANCE WITH SAFE AND HEALTHY WORK PRACTICE
Cal. Code Regs, tit. 8, § 3203(a)(2) (2020) – The Division failed to establish Employer violated the safety order. Employer had a system for ensuring that employees complied with safe and healthy work practices.

Summary of COSHAB-ALJ’s Decision dated February 26, 2020, Inspection No. 1320327 (Rosemead, CA).

HANOVER R S CONSTRUCTION LLC

47 COR 40-8262 [¶23,024]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4), (a)(6) (2020) – The Division did not establish that Employer failed to ensure its IIPP was effectively implemented and enforced with regard to hazards of floor openings and securing of floor opening covers.

CONSTRUCTION SAFETY ORDERS – FLOOR, ROOF, AND WALL OPENINGS TO BE GUARDED, TEMPORARY RAILINGS AND TOEBOARDS OR COVERS
Cal. Code Regs, tit. 8, § 1632(b) (2020) – Employer violated the safety order by failing to secure a floor opening cover, which resulted in an employee falling 10 feet and suffering serious injuries. However, Employer established that it did not know, and could not with the exercise of reasonable diligence have known, of the existence of the violation. Thus, the ALJ reclassified the violation from serious to general.

Summary of COSHAB-ALJ’s Decision dated February 7, 2020, Inspection No. 1205077 (San Diego, CA).

 

RIVERSIDE CITY FIRE DEPARTMENT

47 COR 40-8263 [¶23,025]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION, ACCESS TO SHADE
Cal. Code Regs, tit. 8, § 3395(d)(3) (2020) – The Division did not establish that Employer failed to allow and encourage employees to take a preventative cool-down rest in the shade, when they felt the need to do so, to protect themselves from overheating.

Summary of COSHAB-ALJ’s Decision dated February 25, 2020, Inspection No. 1231720 (Riverside, CA).

BLACKWOOL, INC.

47 COR 40-8261 [¶23,023]

SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT, NOT USED OR OPERATED UNDER CONDITIONS OF SPEEDS, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS THAT ARE CONTRARY TO MANUFACTURER’S RECOMMENDATIONS
Cal. Code Regs, tit. 8, § 3328(a)(2) (2020) – The Division failed to establish that Employer violated the safety order by using or operating a circular saw under conditions of speeds, stresses, loads or environmental conditions that were contrary to manufacturer’s recommendations.

Summary of COSHAB-ALJ’s Decision dated February 25, 2020, Inspection No. 1312486 (Pacific Palisades, CA).

VINCENT TUOMEY

47 COR 40-8260 [¶23,022R]

JURISDICTION – EMPLOYEE VS. INDEPENDENT CONTRACTOR, LICENSE
Labor Code § 2750.5 (2020) – The Division did not have jurisdiction to issue citations to Employer, the non-resident owner of residential property on which an unlicensed employee of an unlicensed contractor was injured.

Digest of COSHAB’s Denial of Petition for Reconsideration dated March 3, 2020, Inspection No. 1152851.

 

DAVIS DEVELOPMENT COMPANY, INC.

47 COR 40-8259 [¶23,021R]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4), (a)(6) (2020) – Employer failed to ensure its IIPP was effectively implemented and enforced with regard to two-inch rebar.

CONSTRUCTION SAFETY ORDERS – ERECTION AND CONSTRUCTION, REQUIREMENTS FOR IMPALEMENT PROTECTION, REINFORCING STEEL AND OTHER SIMILAR PROJECTIONS
Cal. Code Regs, tit. 8, § 1712(c)(1) (2020) – Employer failed to guard exposed ends of reinforcing steel to which employees were exposed.

Digest of COSHAB’s Denial of Petition for Reconsideration dated March 3, 2020, Inspection No. 1226084.

SINCLAIR CONCRETE, INC.

47 COR 40-8259 [¶23,020R]

PETITION FOR RECONSIDERATION – SETTLEMENT
Board reg. §§ 354(c), 371(c), Labor Code § 6614(a) (2020) –  An individual whose spouse was fatally injured in a workplace accident failed to timely file a motion to intervene or for party status, and lacked standing to petition for reconsideration.

Digest of COSHAB’s Decision After Reconsideration dated February 25, 2020, Inspection No. 1123110.