FLASH REPORTS

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.

Flash: Newsom Approves Limited Term COVID-19 Presumption

Gov. Gavin Newsom is approving a workers' comp presumption for COVID-19. What’s in the order and who is covered at what cost? Get the details here.

ARTICLES

Is the Attorney General’s Ag Query A Cause for Worry?

A letter to agricultural employers from California's Attorney General seeking detail information on their COVID-19 protections is causing furrowed brows throughout the industry.

New Petition: Rebar Cage Internal Bracing

A construction company says new techniques can provide greater safety for columns made of reinforcing steel. Here's how it works and what it wants Cal/OSHA to do.

Overexertion & Falls Lead Safety Index

Liberty Mutuals annual Safety Index lists the most disabling workplace injuries – and some staggering cost estimates.

Construction Workers: Risky Behavior

An extensive NIOSH study suggests that several behaviors that contribute to health risks are more prevalent in construction workers. And is there a link between such behaviors and on-the-job injuries?

Employer Gets Privette Pass in Wrongful Death Claim In Southern California Case

A company hires an outside contractor to change tires on an industrial truck. The contractor's employee is killed while performing the task. Find out why the courts say the company isn’t liable for negligence.

Could PSM Petition Head Off Suits?

An oil industry trade group is suing Cal/OSHA to force changes to the Process Safety Management regulation. But it also is petitioning the Standards Board for revisions. What gives?

Parker Walks Through Senate Rules

The new chief of the Division of Occupational Safety and Health is one step away from official confirmation.

Workplace Fatality Update

The latest Cal/OSHA investigations include eight more COVID fatalities.

CASES

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).

 

HOSPITALITY WOOD PRODUCTS

47 COR 40-8306 [¶23,052R]

APPEAL – LATE FILING
Labor Code § 6616 (2020) – Employer failed to show good cause for its late appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated May 29, 2020, Inspection No. 1426393.

 

GIUMARRA VINEYARDS CORPORATION

47 COR 40-8305 [¶23,051R]

SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION
Cal. Code Regs, tit. 8, § 3395(f)(2) (2020) – Employer failed to implement effective emergency procedures when an employee exhibited signs and symptoms of possible heat illness, a repeat, serious violation.

REGULATIONS OF THE DIRECTOR OF INDUSTRIAL RELATIONS, PROPOSED PENALTY PROCEDURE – CLASSIFICATION OF VIOLATIONS AND DEFINITIONS, REPEAT VIOLATIONS
Cal. Code Regs, tit. 8, § 334(d) (2020) – Employer failed to implement effective emergency procedures when an employee exhibited signs and symptoms of possible heat illness. The Division properly classified the citation as repeat because a prior citation involved substantially similar regulatory requirements, conditions and hazards as the citation at issue.

Digest of COSHAB’s Denial of Petition for Reconsideration dated May 26, 2020, Inspection No. 1256643.

SACRAMENTO COUNTY WATER AGENCY DEPARTMENT OF WATER RESOURCES

47 COR 40-8304 [¶23,050R]

CRANES AND OTHER HOISTING EQUIPMENT – OPERATING RULES, HANDLING LOADS, MOVING THE LOAD
Cal. Code Regs, tit. 8, § 4999(d)(2) (2020) – Employer failed to ensure a load was well secured and properly balanced in its sling or lifting device before it was lifted more than a few inches, a serious, accident-related violation.

DEFENSES – INDEPENDENT EMPLOYEE ACTION
Employer failed to establish the independent employee action defense (IEAD) with respect to its failure to ensure a load was well secured and properly balanced in its sling or lifting device before it was lifted more than a few inches.

Digest of COSHAB’s Decision After Reconsideration dated May 21, 2020, Inspection No. 1237932.

 

RIVERSIDE CITY FIRE DEPARTMENT

47 COR 40-8303 [¶23,049R]

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.

Digest of COSHAB’s Denial of Petition for Reconsideration dated May 13, 2020, Inspection No. 1231720.