FLASH REPORTS
Flash: Standards Board Rejects Lawsuit Inspired PSM Changes
Flash: ‘Walkaround’ Rule Changes
ARTICLES
First Aid at Last
Employers Cross Golden Gate
Wildfire Smoke Changes
First-Aid as a Cautionary Tale?
Alternative Fuel Facilities and PSM
Workplace Fatality Update
Symbols of Resilience
Will Appeals Board Revisions Streamline the Process?
CASES
SODEXO AMERICA LLD DBA SODEXO
49 COR 40-9117 [¶23,429R]
DISPOSITION OF APPEAL – SETTLEMENT
Labor Code §6617(a)
Title 8, California Code of Regulations, §§350.1(a), 364.2 –
The Appeals Board rejected Employer’s assertions that the administrative law judge exceeded the Board’s authority in issuing a settlement order; that Employer entered into its settlement on the basis of misrepresentation or mutual mistake; or that Employer was entitled to rescind the settlement on the grounds that someone without authority entered into the agreement.
Digest of COSHAB’s Denial of Petition for Reconsideration dated September 11, 2026, Inspection No. 1869449.
MOUNTAIN F. ENTERPRISES, INC.
49 COR 40-9115 [¶23,428]
FIRST AID and CPR –
Title 8, California Code of Regulations, §3421(m)
Employer failed to ensure that Employees were trained in first aid and CPR within 90 days of their hire dates.
TREE FELLING –
Title 8, California Code of Regulations, §3427(c)(3)(B)
Employer did not ensure a conventional notch, open-faced notch or Humboldt notch was used to fell a 25 inch in diameter Douglas Fir.
Title 8, California Code of Regulations, §3427(c)(3)(D)
Employer failed to ensure an employee’s back cut did not penetrate the predetermined hinge area where a tree was felled.
Title 8, California Code of Regulations, section 3427(b)(2)
Employer failed to ensure the duties were so organized so that the actions of one employee did not create a hazard for other employees.
Title 8, California Code of Regulations, section 3427(c)(4)
Employer failed to ensure that non-involved personnel were safely out of range before tree felling.
UNFORESEEABLE EMPLOYEE ACTION DEFENSE –
Employer could not avail itself of the affirmative defense because a Employer committed the violation.
SERIOUS VIOLATION – REBUTTABLE PRESUMPTION –
Title 8, California Code of Regulations, §6432(c)
The proffered evidence showed that Citations 2 through 5 were properly classified as Serious. Employer did not rebut the presumption.
ASSESSMENT OF CIVIL PENALTIES –
Citations 1 through 5 were affirmed, and the proposed penalties were assessed.
Digest of COSHAB ALJ’s Decision dated Sept. 1, 2026, Inspection No. 1633708 (Pollock Pines)
JOSE FIRMAN, AN INDIVIDUAL
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.
THE INDIANA FINISH LINE, INC. DBA THE FINISH LINE, INC.
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.
TUTOR PERINI CORPORATION AND O & G INDUSTRIES, INC.
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.
INNOVATION CONSTRUCTION INC.
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.
TESLA, INC.
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.
BOULAY CONSTRUCTION
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.