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

How to Get Cal/OSHA Safety Recognition for Your Organization

Does your safety program deserve kudos from Cal/OSHA? The agency might have a program for you. Here' show they work and how to apply.

Shea Homes’ Safety Stars

As the large residential constructor celebrates its latest Voluntary Protection Program Star for construction, it also says goodbye to its longtime safety manager, who played a large part in the company's safety achievements.

Latest Workplace Fatalities

Cal/OSHA is investigating several recent deaths on the job. But how many are actually related to work?

A Talk With Chief Doug Parker

The recently appointed Cal/OSHA chief talks about his priorities for the Division and the challenges it faces.

More Cal/OSHA Diving Revisions

The Standards Board is moving to complete its revisions on diving operations in the state, both to satisfy Fed-OSHA and technical divers in the state. Here's what it has in mind and how you can weigh in on this, and a regulatory change on Process Safety Management.

Top Stories of 2019

Another year has come and gone, but the controversies continue. Here's a look back at what we were talking about in the year that just ended.

Latest Workplace Fatalities

The old year ends, the new year begins and the fatalities continue. Here's the latest from Cal/OSHA.

Cal/OSHA Eyes Permanent Wildfire Smoke Rules

As the state's workplace safety agency readopts an emergency regulation to protect outdoor workers from wildfire smoke, it also is planning to put permanent protections in place while it works on the ultimate language.

CASES

VINCENT TUOMEY

47 COR 40-8244 [¶23,010]

JURISDICTION – EMPLOYEE VS. INDEPENDENT CONTRACTOR, LICENSE
Labor Code §§ 2750.5, 6303 (2019) – The Division did not have jurisdiction to issue citations to Employer, the non-resident owner of residential property on which an unlicensed employee of an unlicensed contractor was injured. The tree-trimming work was household domestic service of a limited range and for a noncommercial purpose.

Summary of COSHAB-ALJ’s Decision dated December 17, 2019, Inspection No. 1152851 (Agoura Hills, CA).

ANGELUS BLOCK CO., INC.

47 COR 40-8243 [¶23,009]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – IMPLEMENT AND MAINTAIN EFFECTIVE IIPP
Cal. Code Regs, tit. 8, § 3203(a)(4) (2019) – The Division failed to establish that Employer did not implement an effective IIPP. 

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, HAZARDOUS ENERGY CONTROL PROCEDURES
Cal. Code Regs, tit. 8, § 3314(g)(2)(A) (2019) – Employer violated the safety order by not documenting a hazardous energy control procedure specific to a pallet conveyor. 

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, CLEANING, SERVICING AND ADJUSTING OPERATIONS
Cal. Code Regs, tit. 8, § 3314(c)(1) (2019) – The Division failed to establish that Employer did not implement an effective hazardous energy control procedure by not providing extension tools to protect employees from injury during adjusting operations. 

POWER TRANSMISSION EQUIPMENT, PRIME MOVERS, MACHINES AND MACHINE PARTS – GEARS, FRICTION DRIVES, SPROCKETS AND CHAINS, GEARS AND SPROCKETS GUARDED
Cal. Code Regs, tit. 8, § 4075(a) (2019) – The Division failed to establish that Employer did not adequately guard the power chain and sprocket gears of a pallet return conveyor.

Summary of COSHAB-ALJ’s Decision dated December 12, 2019, Inspection No. 1268655 (Sun Valley, CA).

PARK WEST RESCOM, INC.

47 COR 40-8241 [¶23,008R]

JURISDICTION – SERIOUS VIOLATION
Labor Code § 6432 (2019) – The Division had jurisdiction to cite Employer in connection with a one-vehicle accident that occurred on a public street. The citation was classified correctly as serious; even if it could not be so classified, the Division retained jurisdiction.

Digest of COSHAB’s Denial of Petition for Reconsideration dated December 27, 2019, Inspection No. 1218807.

BRAGG INVESTMENT COMPANY, INC. DBA BRAGG CRANE SERVICE

46 COR 40-8239 [¶23,007R]

JURISDICTION – PETITION FOR RECONSIDERATION, INTERLOCUTORY
Labor Code §  6617 (2019) – Because further judicial action was necessary to resolve Employer’s motion to dismiss a citation on the ground it was duplicative, the Appeals Board denied Employer’s interlocutory petition for reconsideration.

Digest of COSHAB’s Denial of Petition for Reconsideration dated December 6, 2019, Inspection No. 1351916.

 

STRUCTURES

46 COR 40-8239 [¶23,006R]

JURISDICTION – PETITION FOR RECONSIDERATION
Labor Code § 6614(a) (2019) – The Appeals Board lacked jurisdiction to grant reconsideration where Employer filed an untimely petition.

Digest of COSHAB’s Denial of Petition for Reconsideration dated November 22, 2019, Inspection No. 1089904.

 

SA RECYCLING

46 COR 40-8238 [¶23,005]

POINTS OF OPERATION AND OTHER HAZARDOUS PARTS OF MACHINERY, SCOPE AND GENERAL DEFINITIONS – MAINTENANCE AND USE OF POINT OF OPERATION TOOLS AND GUARDS
Cal. Code Regs, tit. 8, § 4186(b) (2019) – Employer violated the safety order by failing to install an adequate guard on a shear, a serious violation. The Division did not establish the accident-related character of the serious violation.

Summary of COSHAB-ALJ’s Decision dated November 27, 2019, Inspection No. 1199064 (Sun Valley, CA).

 

TARGET CORPORATION

46 COR 40-8237 [¶23,004]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION, PROVISION OF WATER AND ACCESS TO SHADE
Cal. Code Regs, tit. 8, § 3395(i)(1) (2019) – Employer failed to include procedures for provision of water and access to shade in its heat illness prevention plan (HIPP), a general violation.

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION, TRAINING
Cal. Code Regs, tit. 8, § 3395(h)(1) (2019) – The Division failed to establish Employer did not provide effective heat illness prevention training to non-supervisory and supervisory employees.

Summary of COSHAB-ALJ’s Decision dated November 26, 2019, Inspection No. 1251174 (Minneapolis, MN).

JACE VARGHESE

46 COR 40-8235 [¶23,003]

JURISDICTION – EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code §§ 2750.5, 6304, 6304.1(a) (2019) – Employer was an “employer” within the meaning of the Labor Code. The Division had jurisdiction to issue the citations.

OCCUPATIONAL INJURY OR ILLNESS REPORTS AND RECORDS – EMPLOYER RECORDS OF OCCUPATIONAL INJURY OR ILLNESS, PROVIDING RECORDS TO GOVERNMENT REPRESENTATIVES, BASIC REQUIREMENT
Cal. Code Regs, tit. 8, § 14300.40(a) (2019) – Employer did not appeal the citation for failure to produce required records, which the Division properly classified as regulatory.

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 1509(a) (2019) – Employer violated the safety order by failing to have an IIPP.

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), CODE OF SAFE PRACTICES (CSP
Cal. Code Regs, tit. 8, § 1509(b) (2019) – Employer violated the safety order by failing to have a CSP.

CONSTRUCTION SAFETY ORDERS – TOILETS AT CONSTRUCTION JOBSITES
Cal. Code Regs, tit. 8, § 1526(d) (2019) – Employer violated the safety order because it had toilet facilities that were not clean and that lacked an adequate supply of toilet paper. 

CONSTRUCTION SAFETY ORDERS – WASHING FACILITIES, GENERAL
Cal. Code Regs, tit. 8, § 1527(a)(1) (2019) – Employer violated the safety order because it did not have a washing station with water, towels and soap or other cleansing agent.

LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – TEMPORARY WIRING, GROUND-FAULT CIRCUIT PROTECTION-CONSTRUCTION SITE
Cal. Code Regs, tit. 8, § 2405.4(a) (2019) – The Division failed to establish Employer violated the safety order’s provisions regarding grounded electricity at the jobsite.

GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, TRAINING
Cal. Code Regs, tit. 8, § 3421(c) (2019) –  The Division failed to establish Employer violated the safety order by not providing required training on trimming trees

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, PERSONAL PROTECTIVE DEVICES, HAZARD ASSESSMENT AND EQUIPMENT SELECTION
Cal. Code Regs, tit. 8, § 3380(f) (2019) – The Division failed to establish personal protective equipment (PPE) was required for any work being performed at the jobsite.

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION
Cal. Code Regs, tit. 8, § 3395(i) (2019) – Employer violated the safety order due to lack of a heat illness prevention plan (HIPP).

Summary of COSHAB-ALJ’s Decision dated November 8, 2019, Inspection No. 1213886 (Alta Loma, CA).