FLASH REPORTS

Flash: ETS Revisions Approved – and Soon Effective

Cal/OSHA's Standards Board, on its third try, adopts revisions to the controversial COVID emergency standard. And now the governor has weighed in on its effective date.

Flash: Governor Eyes Executive Order on COVID ETS

With Cal/OSHA expected to approve a much-anticipated revision to its COVID emergency rule, the governor says he will take action to cover any regulatory gaps not in alignment with the state's reopening.

ARTICLES

Feds Give Cal/OSHA an ‘Incomplete’

The Division of Occupational Safety and Health failed to meet benchmarks set down by Fed-OSHA in several areas. But here's why the agency gets a pass for the time being.

Most Cited & Appealed Cal/OSHA Violations – 2020

What is the most cited Cal/OSHA violation? Hint: It starts with an “I” and ends with a “P.” And which violations cited most often? Here are the annual lists.

‘Normal Consumption’ Rule Now in Force

Starting now, hospitals will have to calculate the amount of personal protective equipment they use, to ensure an adequate supply in future emergencies. Here is the formula.

Pandemic Inspection Trends Hold

Cal/OSHA started significantly more investigations in the first three quarters of 2020 than in past years, but signifi-cantly fewer on-site inspections. What's going on? Here's how the COVID affected safety probes.

Appeals Board Hearings on Video

Cal/OSHA's quasi-judicial body is eyeing permanent revisions that would allow electronic hearings – telephone and video. Here's what is has in mind.

Infection Control Training for Dental Assistants Lagging?

Dental assistants can undergo either formal or on-the-job training. But two associations representing this class of employees say the OJT version isn't happening quickly enough. Hear what they have petitioned Cal/OSHA to do about it.

Construction Hoists Issues Rising

One issue has been resolved regarding Cal/OSHA regulations on construction personnel hoists, but several remain. Now the Standards Board has authorized advisory committee discussions to resolve the contentious items.
Legislative Update

Business Killing Legislation Closer

Three significant bills, all by Democrats, are winding their way through the California legislature. Maria Elena Du-razo's bill to put household domestics under Cal/OSHA jurisdiction; Lena Gonzales’ which gives Cal/OSHA authority to cite from the labor code; and Connie Leyva’s which exempts Cal/OSHA regs from economic impact analysis. All are business killers. Here premium subscribers can find the status of each of these important bills related to California occupational safety and health.

CASES

ATV, INC. DBA AMERICAN TIRE DEPOT

48 COR 40-8454 [¶23,131R]

JURISDICTION – PETITION FOR RECONSIDERATION
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 July 9, 2021, Inspection No. 1457804.

ARRIAGA USA, LLC. DBA STONELAND

48 COR 40-8453 [¶23,130]

POWER TRANSMISSION EQUIPMENT, PRIME MOVERS, MACHINES AND MACHINE PARTS – PRIME MOVERS AND MACHINERY, 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.

Summary of COSHAB-ALJ’s Decision dated June 16, 2021, Inspection No. 1279492 (North Hollywood, CA).

LOS ANGELES CITY FIRE DEPARTMENT 0000139

48 COR 40-8452 [¶23,129]

JURISDICTION – SPECIAL ORDERS
Labor Code §§ 6305, 6308 (2021) – The Division did not establish how compliance with a special order regulating Employer’s use of aerial ladders corrected unsafe conditions for Employer’s firefighters. The ALJ concluded adherence to the order potentially endangered employees and the public. Because the evidence did not support that the special order was valid, the ALJ granted Employer’s appeal and vacated the special order.

Summary of COSHAB-ALJ’s Decision dated June 8, 2021, Inspection No. 0000139 (Los Angeles, CA).

 

LOS ANGELES CITY FIRE DEPARTMENT 1239535

48 COR 40-8451 [¶23,128]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION
Cal. Code Regs, tit. 8, § 3203(a) (2021) – Employer failed to specifically require training of supervisors on particular safety and health hazards to which employees under their immediate direction and control may be exposed, a general violation.

SAFE PRACTICES AND PERSONAL PROTECTION – MISCELLANEOUS SAFE PRACTICES, MACHINERY AND EQUIPMENT, MANUFACTURER’S RECOMMENDATIONS
Cal. Code Regs, tit. 8, § 3328(a) (2021) – The evidence did not support that Employer violated the safety order by using an aerial ladder in a manner contrary to manufacturer’s recommendations, because the Division did not produce the manufacturer’s recommendations.

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION PLAN (HIPP)
Cal. Code Regs, tit. 8, § 3395(i) (2021) – Employer failed to include procedures for provision of water and shade in its HIPP, a general violation; but the ALJ reduced the penalty.

Summary of COSHAB-ALJ’s Decision dated June 8, 2021, Inspection No. 1239535 (Los Angeles, CA).

GRIMMWAY ENTERPRISES, INC.

48 COR 40-8447 [¶23,127R]

JURISDICTION – PETITION FOR RECONSIDERATION, INTERLOCUTORY
Labor Code § 6614 (2021) – Even if Employer’s petitions for reconsideration raised questions of law, which the Appeals Board may rule on under an exception to the general rule that interlocutory matters are not appealable, the Board declined to reconsider the petitions based on its merits.


Board reg. § 376(d) (2021) – The Appeals Board has authority to hold video hearings under its rules and procedures governing time and place of hearings. An executive order issued by the governor prohibited the Board from holding in-person hearings during the pendency of a state of emergency related to the COVID-19 pandemic.

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – TIME AND PLACE OF HEARING, DUE PROCESS
Board reg. § 376.1 (2021) – The Appeals Board rejected Employer’s contention that it had a constitutional right to an in-person administrative hearing. The Board held that a video/electronic hearing provided sufficient due process in the administrative context.

Digest of COSHAB’s Denial of Petition for Reconsideration dated June 14, 2021, Inspection Nos. 1238985 and 1477159 (consolidated).

SO CAL STONE FABRICATORS, INC.

48 COR 40-8446 [¶23,126R]

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

HEARING – FAILURE TO APPEAR, GOOD CAUSE
Board reg. § 383(c) (2021) – Employer did not show good cause for its failure to appear at a status conference.

Digest of COSHAB’s Denial of Petition for Reconsideration dated June 14, 2021, Inspection No. 1464711.

UNITED PARCEL SERVICE, INC. DBA UPS

48 COR 40-8444 [¶23,125R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – SYSTEM FOR COMPLIANCE WITH SAFE AND HEALTHY WORK PRACTICES
Cal. Code Regs, tit. 8, § 3203(a)(2) (2021) – The Appeals Board reversed the ALJ’s holding that Employer failed to ensure its IIPP was implemented and enforced. The Division failed to establish Employer’s IIPP did not substantially comply with the regulation by proving it did not comply with all four listed options.

GENERAL PHYSICAL CONDITIONS AND STRUCTURES – ACCESS, WORK SPACE, AND WORK AREAS, FIXED LADDERS
Cal. Code Regs, tit. 8, § 3277(j)(4) (2021) – The Appeals Board affirmed the ALJ’s holding that Employer allowed use of a ladder where spacing between rungs was not uniform, a general violation.

GENERAL PHYSICAL CONDITIONS AND STRUCTURES – STANDARD SPECIFICATIONS, FLOOR OPENINGS, FLOOR HOLES AND ROOFS
Cal. Code Regs, tit. 8, § 3212(a)(2)(A) (2021) – The Appeals Board affirmed the ALJ’s holding that Employer failed to protect a ladderway floor opening, a serious, accident-related violation. The passageway to the opening was not so offset that an employee could not walk directly into it.

Digest of COSHAB’s Decision After Reconsideration dated June 8, 2021, Inspection No. 1242676.

 

MON FONG LIN

48 COR 40-8442 [¶23,124]

JURISDICTION — EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code § 2750.5 (2021) – The cited individual had at least one employee. As such, the Division had jurisdiction to cite the individual as an “employer” for violations of applicable safety orders.

REGULATIONS OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH – REGISTRATION, ASBESTOS-RELATED WORK
Cal. Code Regs, tit. 8, § 341.6(a) (2021) – Employer failed to obtain registration for asbestos-removal work, regulatory violation.

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), WRITTEN PROGRAM
Cal. Code Regs, tit. 8, § 1509(a) (2021) – Employer did not have a written injury and illness prevention program, a general violation.

 CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), CODE OF SAFE PRACTICES (CSP)
Cal. Code Regs, tit. 8, § 1509(b) (2021) – Employer did not have a code of safe practices, a general violation.

SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION, EMPLOYEE TRAINING
Cal. Code Regs, tit. 8, § 3395(h)(1) (2021) – Employer did not provide heat illness prevention training, a general violation.

 SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION PLAN (HIPP)
Cal. Code Regs, tit. 8, § 3395(i) (2021) – Employer did not have a heat illness prevention plan, a general violation.

 CONSTRUCTION SAFETY ORDERS – DUST, FUMES, MISTS, VAPORS, AND GASES, ASBESTOS, EXPOSURE ASSESSMENTS AND MONITORING
Cal. Code Regs, tit. 8, § 1529(f)(1)(A) (2021) – Employer failed to determine whether employees at a jobsite would be exposed to dangerous airborne concentrations of asbestos, a general violation.

Summary of COSHAB-ALJ’s Decision dated May 24, 2021, Inspection No. 1438716 (San Jose, CA).