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49 COR 40-9113 [¶23,427R]

PETITION FOR RECONSIDERATION – TIMELINESS AND SERVICE
Labor Code §6614(a) –
The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration.

Labor Code §6619 –
Employer’s failure to serve its petition for reconsideration required that the Board deny it.

Digest of COSHAB’s Denial of Petition for Reconsideration dated August 28, 2026, Inspection No. 1801688.

 

49 COR 40-9111 [¶23,425R]

INJURY and ILLNESS PREVENTION PROGRAM –
Title 8, California Code of Regulations, §3203(a)(4)

The Appeals Board affirmed the ALJ’s Decision finding that Employer had identified workplace hazards posed by COVID-19.

Digest of COSHAB’s Decision After Reconsideration dated August 14, 2026, Inspection No. 1488312.

 

49 COR 40-9111 [¶23,426R]

MACHINERY and EQUIPMENT DESIGN and ENGINEERING –
Title 8, California Code of Regulations, §3328(a)(1) and (a)(2)

The Appeals Board concluded that the proffered evidence showed that equipment used by Employer was not designed or engineered to safely sustain all reasonably anticipated loads.

Digest of COSHAB’s Decision After Reconsideration dated August 13, 2026, Inspection No. 1486176.

49 COR 40-9107 [¶23,423R]

APPEAL – LATE FILING
Labor Code §6614(a) –
The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated August 12, 2026, Inspection No. 1784640.

49 COR 40-9107 [¶23,424R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) –
Title 8, California Code of Regulations, §1509(a)/§3203(a)(4)
The Appeals Board agreed with the ALJ’s Decision, which found that Employer failed to effectively implement its IIPP by identifying and evaluating new workplace processes.

EXCAVATION COVERINGS –
Title 8, California Code of Regulations, §1541(l)(2)
The Appeals Board agreed with the ALJ’s Decision, which found that Employer failed to adequately protect remotely located excavations.

MULTI-EMPLOYER WORKSITE – CORRECTING EMPLOYER, DUE DILIGENCE DEFENSE
Title 8, California Code of Regulations, §336.10
The Appeals Board agreed with the ALJ’s Decision, determining that Employer was not relieved of liability.

LABOR CODE §6432(c) –
Employer failed to rebut the presumption of a serious citation as to Citation 2.

Digest of COSHAB’s Decision After Reconsideration dated August 13, 2026, Inspection No. 1454931.

49 COR 40-9105 [¶23,421R]

JURISDICTION – GOOD CAUSE
Labor Code §6614(a) –
The Appeals Board lacked jurisdiction to grant reconsideration over the Division’s untimely petition for reconsideration.

 

Digest of COSHAB’s Decision After Reconsideration dated July 30, 2026, Inspection No. 1625267.

49 COR 40-9105 [¶23,422]

DAMAGED LADDERS –
Title 8, Cal. Code of Regulations, §3276(e)(3)
The proffered evidence showed that Employer did not violate the cited safety order as it was not required to withdraw the ladder from service prior to the accident.

PORTABLE LADDER TRAINING –
Title 8, Cal. Code of Regulations, §3276(f)
The proffered evidence showed the Division failed to meet its burden of proof to show Employer did not provide training on the safe use of ladders.

INJURY AND ILLNESS PROTECTION PROGRAM –
Title 8, California Code of Regulations, §3203(a)(4)
The proffered evidence showed Employer had procedures for identifying hazards and implemented them with respect to the work that gave rise to the accident.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1, was affirmed and the proposed penalty was affirmed.  Citation 1, Item 2, and Citations 2 and 3 were dismissed, and the associated penalties were vacated.

Digest of COSHAB ALJ’s Decision dated July 22, 2026, Inspection No 1551180 (San Diego)

49 COR 40-9103 [¶23,420]

INJURY AND ILLNESS PROTECTION PROGRAM –
Title 8, California Code of Regulations, §3203(a)(2)
The proffered evidence showed Employer ensured employee compliance with safe and healthful work practices.

HAZARD ASSESSMENT –
Title 8, California Code of Regulations, §3380(f)(1)(A) –
The evidence proffered by the Division established that Employer failed to adequately assess the hazards in the restaurant kitchen and select the proper PPE to protect against those hazards.

PROTECTION FROM SLIPPERY FLOOR SURFACES –
Title 8, California Code of Regulations, §3272(d) –
The proffered evidence showed that Employer effectively protected its employees from the hazard of slippery floors.

ASSESSMENT OF CIVIL PENALTIES –
Citation 1, Item 1 and Citation 2 and their associated penalties were vacated.  Citation 1, Item 2, and its associated penalty was affirmed.

Digest of COSHAB ALJ’s Decision dated July 14, 2026, Inspection No. 1808018 (Simi Valley)