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

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.

Workplace Fatality Update

This week's report includes 25 deaths from confirmed or suspected COVID cases.

Settlements in Fatality Cases

Here's what happened when Cal/OSHA and employers got together and came to agreement in several serious-incident cases.

Is COVID-19 Recordability Not a Function of Positive Testing?

California employers are up in arms and angry that the Cal/OSHA’s guidance about when and how to record cases of COVID-19 – report even if there is not a positive test - runs counter to federal guidelines. They say the state has little leeway but to comport to the Feds. Workers’ Comp claims require a positive test. Here's what this latest controversy is all about.

Appeals Board Goes to Video Hearings

Cal/OSHA's quasi-judicial body meets 21st-century technology as the pandemic makes in-person hearings impossible.

The Costs of Fatal Mistakes

Rookie mistakes and inattention to detail cost employees their lives on a regular basis. Here are the results of some recent Cal/OSHA workplace fatality investigations and what they teach us.

Workplace Fatality Update

Cal/OSHA's latest fatality toll includes almost a score of COVID-related deaths. Here's the latest report.

CASES

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).

HILL CRANE SERVICE INC.

47 COR 40-8308 [¶23,054]

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 contained all elements required by the safety order.

INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION
Cal. Code Regs, tit. 8, § 3203(a)(7) (2020) – 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.

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) (2020) – The Division failed to establish a violation of the cited safety order. The fatal injury incident took place before the section took effect.

Summary of COSHAB-ALJ’s Decision dated May 29, 2020, Inspection No. 1135350 (Long Beach, CA).

TRAPAC, LLC

47 COR 40-8307 [¶23,053]

SAFE PRACTICES AND PERSONAL PROTECTION – MISCELLANEOUS SAFE PRACTICES, SERVICING SINGLE, SPLIT AND MULTI-PIECE RIMS OR WHEELS, EMPLOYEE TRAINING
Cal. Code Regs, tit. 8, § 3326(c)(2) (2020) – The Division did not demonstrate that Employer’s training program failed to ensure that each employee understands, demonstrates, and maintains the ability to service single, split, and multi-piece rims or wheels safely.

SAFE PRACTICES AND PERSONAL PROTECTION – MISCELLANEOUS SAFE PRACTICES, SERVICING SINGLE, SPLIT AND MULTI-PIECE RIMS OR WHEELS, DEMOUNTING TIRES
Cal. Code Regs, tit. 8, § 3326(h)(1) (2020) – Employer did not ensure employees completely deflate a multi-piece rim tire by removing valve cores and inserting wires or equivalent devices into the center of the valve stems to ensure there were no obstructions before removal of the wheels from the axles, a general violation.

 SAFE PRACTICES AND PERSONAL PROTECTION – MISCELLANEOUS SAFE PRACTICES, SERVICING SINGLE, SPLIT AND MULTI-PIECE RIMS OR WHEELS, MOUNTING TIRES AND INFLATION
Cal. Code Regs, tit. 8, § 3326(i)(3) (2020) – Employer failed to ensure employees interchanged multi-piece wheel components only as provided in the charts or in the applicable rim manual, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated May 6, 2020, Inspection No. 1352198 (Wilmington, CA).