FLASH REPORTS

Flash: Governor Names New Appeals Board Member

Veteran labor representative Marvin Kropke named to quasi-judicial board after criticism leveled on slow pace of appointments.

Flash: Cal/OSHA Cites LA for Filthy Hazardous Conditions

On the heels of citations against the police and general services departments for deplorable conditions, DOSH cites Los Angeles again after an employee is exposed to illness.

ARTICLES

Huge Penalties in Silicosis Cases

The deaths of two brothers at a California countertop manufacturer highlight the high stakes in silica exposure, with the employer facing hundreds of thousands of dollars in Cal/OSHA penalties and the agency vowing to step up its special emphasis program.

Settlements in Major Cases

Three employers are cited in workplace fatalities. Here's how their cases came out in talks with Cal/OSHA.

Workplace Fatality Update

Another fall claims the life of a California worker, as Cal/OSHA investigates this and another incident.

Telecomm Fall Protection Rules

It's taken more than four years, but Cal/OSHA has finally adopted rules to enhance fall protection on telecommunications structures. Here's what the revision requires and when it will likely take effect.

Proposal on Power Saw Safety

Changes to a federal regulation could result in California confusion about state requirements on “drop starting” chain saws and other power tools. Here's how the Standards Board intends to fix that.

Another Cintas Site Welcomed into the VPP Fold

This company's uniform approach to safety is paying with a strong safety culture, including employee involvement.

Weekly Fatality Update

Cal/OSHA is working on a number of fatality cases from recent days, including a double fatality at a shipping center

Keep Black Friday Safe

This Friday is the official start of the holiday shopping season. Make sure you start it off safely with these suggestions.

CASES

UNITED PARCEL SERVICE, INC. DBA UPS

46 COR 40-8232 [¶23,002]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – SYSTEM FOR ENSURING EMPLOYEES COMPLY WITH SAFE AND HEALTHY WORK PRACTICES
Cal. Code Regs, tit. 8, § 3203(a)(2) (2019) – Employer failed to ensure its IIPP was implemented and enforced so as to prevent violations of a “three points of contact” rule, and a rule requiring use of gates when on a platform, a general violation.

GENERAL PHYSICAL CONDITIONS AND STRUCTURES – ACCESS, WORK SPACE, AND WORK AREAS, FIXED LADDERS
Cal. Code Regs, tit. 8, § 3277(j)(4) (2019) – 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) (2019) – Employer failed to ensure safety swing gates were in place to protect against employees falling through an opening, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated October 11, 2019, Inspection No. 1242676 (Oakland, CA).

PAUL GRAHAM DRILLING AND SERVICE CO

46 COR 40-8231 [¶23,001]

CONSTRUCTION SAFETY ORDERS – FALL PROTECTION, PERSONAL FALL ARREST SYSTEMS, PERSONAL FALL RESTRAINT SYSTEMS AND POSITIONING DEVICES, NOT ATTACHED TO HOISTS OR GUARDRAILS
Cal. Code Regs, tit. 8, § 1670(b)(17) (2019) – Employer violated the safety order when its employee attached his personal fall arrest equipment to a guardrail. However, Employer established the independent employee action defense.

Summary of COSHAB-ALJ’s Decision dated October 29, 2019, Inspection No. 1321307 (Rio Vista, CA).

 

GOLDEN STATE BORING & PIPE JACKING, INC.

46 COR 40-8227 [¶22,999]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP), TRAINING
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7)(C) (2019) – Employer failed to implement its IIPP by not training an employee to perform a new task, in violation of the safety order.

SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT IN SERVICE INSPECTED AND MAINTAINED AS RECOMMENDED BY MANUFACTURER
Cal. Code Regs, tit. 8, § 3328(b) (2019) – The Division established that the decals and labels needed on a boring machine involved in an injury accident were not maintained. 

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) (2019) – Employer failed to ensure a machine was de-energized and locked out to prevent inadvertent movement during servicing, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated October 8, 2019, Inspection No. 1308948 (Chino, CA).

PARK WEST RESCOM, INC.

46 COR 40-8229 [¶23,000]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4) (2019) – The Division failed to establish Employer did not effectively implement its IIPP.

CONSTRUCTION SAFETY ORDERS – HAULAGE AND EARTH MOVING, HAULAGE VEHICLE OPERATION, PARKING BRAKES
Cal. Code Regs, tit. 8, § 1593(h) (2019) – Employer’s truck was a haulage vehicle. The operator did not set the parking brake when he parked it at the worksite, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated October 23, 2019, Inspection No. 1218807 (Rancho Santa Margarita, CA).

CREATIVE COMMUNICATION TECHNOLOGIES, INC.

46 COR 40-8226 [¶22,998]

REPORTING WORK-CONNECTED INJURIES – REPORTING WORK-CONNECTED FATALITIES AND SERIOUS INJURIES
Cal. Code Regs, tit. 8, § 342(a) (2019) – Employer timely reported an employee’s injury to the Division.

GENERAL PHYSICAL CONDITIONS AND STRUCTURES ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP), PROCEDURES FOR IDENTIFYING AND EVALUATING WORK PLACE HAZARDS
Cal. Code Regs, tit. 8, § 3203(a)(4) (2019) – Employer violated the safety order by failing to implement its IIPP after an employee had identified the hazard of installing cable without assistance. As a result, it failed to implement and maintain an effective procedure for identifying and evaluating hazards, unsafe conditions, and work practices.

TELECOMMUNICATION SAFETY ORDERS – EMPLOYEE PROTECTION IN PUBLIC AREAS
Cal. Code Regs, tit. 8, § 8604(d) (2019) – Employer violated the safety order by failing to ensure employees used flaggers at work locations where barriers and warning signs could not control moving traffic.

Summary of COSHAB-ALJ’s Decision dated October 7, 2019, Inspection No. 1255331 (San Bernardino, CA).

AEROTEK, INC. DBA AEROTEK

46 COR 40-8225 [¶22,997]

GENERAL PHYSICAL CONDITIONS AND STRUCTURES ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP), PROCEDURE TO INVESTIGATE OCCUPATIONAL INJURY OR OCCUPATIONAL ILLNESS
Cal. Code Regs, tit. 8, § 3203(a)(5) (2019) – Employer took the actions required by its IIPP and substantially complied with the terms of its IIPP for an accident investigation.

Summary of COSHAB-ALJ’s Decision dated October 22, 2019, Inspection No. 1200176 (San Diego, CA).

PRESTIGE PAINTING CORP

46 COR 40-8224 [¶22,996R]

APPEAL – LATE FILING
Labor Code §§ 6600, 6601 (2019) – Employer failed to show good cause for its late appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 12, 2019, Inspection No. 1367265.

PESCADERIA MR. FISH PO, LLC DBA PESCADERIA FISH MARKET MR. FISH

46 COR 40-8223 [¶22,995R]

APPEAL – LATE FILING
Labor Code §§ 6600, 6601 (2019) – Employer failed to show good cause for its late appeal.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 12, 2019, Inspection No. 1274695.