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

Construction Safety Excellence

Associated General Contractors of California honors 18 companies for their robust efforts to keep their worksites safe. Here are the companies and how they do it.

California Injuries and Illnesses Down in 2020 – One Exception

Looking for a bright spot in the pandemic? California’s injury and illness numbers and rates were down significantly in 2020. Except when it came to healthcare. Here are the latest state and federal estimates.

Revisions to Cranes & Derricks Proposal

The Standards Board is close to completing its long-running effort to provide “one-stop-shopping” for employers who use cranes and derricks in construction. Here are the latest changes, and what could happen next.

Workplace Fatality Update

Here are the latest workplace incidents under investigation, including new COVID-suspected cases.

A New Concept on COVID Regulation

Cal/OSHA’s regulatory framework is inadequate to cope with changing guidance and developments in the COVID era, an employer group says. Here’s how it would change the way Cal/OSHA handles things. And it’s a pretty brilliant idea.

AGC Honors People for Safety Excellence

The Associated General Contractors of California recognizes two individuals for their work to keep workplaces safe-ty. Meet these two honorees and learn what makes them special.

Amazon Sued by California Attorney General Over COVID Safety

The state attorney general sued the online giant over its exposure notification and sanitation procedures – and files the settlement agreement the same day. Here’s what Amazon did and has agreed to do differently.

Workplace Fatality Update

There are seven new workplace fatalities under investigation in California, with three alleged to have been from COVID. Here’s the latest tally.

CASES

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.

GUY F. ATKINSON CONSTRUCTION, LLC. DBA ATKINSON CONSTRUCTION

48 COR 40-8490 [¶23,152]

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) – The Division failed to establish Employer violated the safety order by using or operating a forklift under conditions of speeds, stresses, loads, or environmental conditions contrary to manufacturer’s recommendations.

Summary of COSHAB-ALJ’s Decision dated October 20, 2021, Inspection No. 1332867 (Irvine, CA).

 

O.C. JONES & SONS, INC.

48 COR 40-8489 [¶23,151]

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

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) – The Division failed to establish Employer violated the safety order because there was no evidence of which chain binder was used at the time of the accident or the manufacturer’s recommendations for that chain binder.

Summary of COSHAB-ALJ’s Decision dated October 5, 2021, Inspection No. 1342017 (Berkeley, CA).

SIU’S PRODUCTS AND DISTRIBUTOR, INC.

48 COR 40-8487 [¶23,150R]

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(d) (2021) – Employer failed to ensure a cutting machine was de-energized to prevent inadvertent movement during set-up operations.

POINTS OF OPERATION AND OTHER HAZARDOUS PARTS OF MACHINERY – SCOPE AND GENERAL DEFINITIONS, ROLLS, IN-RUNNING SIDE OF ROLLS PROTECTED WITH FIXED OR SELF-ADJUSTING BARRIER
Cal. Code Regs, tit. 8, § 4187(a) (2021) – Employer failed to guard the in-running rolls of a cutting machine to prevent fingers from being caught between the rolls as material was being fed into them.

Digest of COSHAB’s Decision After Reconsideration dated November 4, 2021, Inspection No. 1306170.

UNITED AIRLINES

48 COR 40-8485 [¶23,148]

GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER
Cal. Code Regs, tit. 8, § 3650(t)(12) (2021) – The Division established an operator of a powered industrial vehicle moved the vehicle without making sure all persons were in the clear, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated September 3, 2021, Inspection No. 1298318 (Chicago, IL).

 

BFC APPAREL, INC.

48 COR 40-8486 [¶23,149R]

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

Digest of COSHAB’s Denial of Petition for Reconsideration dated October 11, 2021, Inspection No. 1372873.

HILL CRANE SERVICE, INC.

48 COR 40-8483 [¶23,147R]

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) (2021) – The Appeals Board reversed the ALJ’s decision that Employer’s HIPP contained all elements required by the safety order. The Board concluded that, although the HIPP satisfied most of the minimum requirements of §3395(e)(5), it did not specifically provide for daily pre-shift meetings to discuss high heat procedures on all high-heat days, other than under heat wave conditions, nor did it require supervisors to remind employees of their right to take cool-down rests as needed. The Appeals Board affirmed the citation.

INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION
Cal. Code Regs, tit. 8, § 3203(a)(7) (2021) – The Appeals Board reversed the ALJ’s decision that Employer’s IIPP contained all elements required by the safety order and was implemented in accordance with the boom dolly crane operating instructions in effect at the time of the fatal injury accident. Employer failed to train all employees to use two or more wheel chocks pursuant to its boom dolly operating instructions. The Appeals Board affirmed the citation.

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) – The Appeals Board affirmed the ALJ’s decision that the Division failed to establish a violation of the cited safety order. The fatal injury incident took place before the subsection that formed the basis for the alleged violation took effect.

Digest of COSHAB’s Decision After Reconsideration dated September 24, 2021, Inspection No. 1135350.