FLASH REPORTS

Flash: Coronavirus: Don't Panic, but Be Prepared

A scary outbreak in China has health authorities on alert. Here's what we know, and the best way to protect yourself and your workplace.

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.

ARTICLES

Update: The Standards Board walking/working surfaces advisory committee meeting is Feb. 12th & 13th in Sacramento, not the 13th and 14th, as we previously reported.

Employer’s Protective Footwear Duty

The Cal/OSHA Appeals Board reduced a serious violation on footwear and knocked down the penalty by about 98%. So why did the employer take the case to the court system, and what did those judges have to say about its arguments? Click here to get the story.

Will Cal/OSHA Promulgate Mold Standards?

Title 8 regulation does little to protect employees working in water-damaged building, petitioner says. Here's what she wants the Standards Board to do about it.

Cal/OSHA, Employers Settle in Significant Cases

When accidents happen, Cal/OSHA comes calling. But when settlement talks begin, employers often get big reductions in their penalties. Here are the results of some recently concluded fatality and serious-injury cases.

Weekly Fatality Update

The latest workplace fatality investigations by the Division of Occupational Safety and Health.

Healthcare on the Front Lines of Coronavirus Fight

Authorities in California and throughout the country are working to contain the 2019-nCoV virus, and healthcare is front and center. Here's what they're doing to beat the bug.

Cal/OSHA’s Ladder and Walking-Working Surfaces Talks

The Standards Board will hold an advisory committee soon to start work on adopting Fed-OSHA requirements to help prevent falls. 

More Rulemaking about Personnel Hoists

The Standards Board is seeking to reverse an Appeals Board decision on when a construction personnel hoist is required for multi-story project. Here's what the proposal says and how you can weigh in on it.
Fatality Investigations Completed

More Employers Cited in Deaths

Recent fatal incidents involving split-rim tires show the serious hazards of these operations. Here's another example, plus recent Cal/OSHA action in other cases.

CASES

KERN RIDGE GROWERS, LLC.

47 COR 40-8249 [¶23,013]

PRIME MOVERS AND MACHINERY – MOVING PARTS OF MACHINERY OR EQUIPMENT, GUARDING
Cal. Code Regs, tit. 8, § 4002(a) (2020) – Employer violated the safety order by failing to guard a carrot-cutting machine, a serious violation.

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) (2020) – Employer failed to ensure a carrot-cutting machine was stopped and the energy source de-energized or disengaged prior to a cleaning operation, a serious, accident-related violation.

Summary of COSHAB-ALJ’s Decision dated January 3, 2020, Inspection No. 1334995 (Arvin, CA).

KS INDUSTRIES, L.P.

47 COR 40-8250 [¶23,014]

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)(1)(A) (2020) – Employer failed to assess the workplace for hazards likely to be present and require appropriate personal protective equipment (PPE) to protect employees from those hazards, a serious violation.

PETROLEUM SAFETY ORDERS—DRILLING AND PRODUCTION – OPENING AND BLINDING PIPE LINES AND EQUIPMENT, PRESSURE REDUCED TO ATMOSPHERIC OR AS NEAR ATMOSPHERIC AS PRACTICABLE
Cal. Code Regs, tit. 8, § 6535(a) (2020) – Employer failed to reduce the pressure in a steam generator line to atmospheric or as near atmospheric as practicable before opening it. Employer further failed to inform employees of the hazards of the contents of the line or provide instructions on the precautions necessary to deal with such hazards, a serious violation.

Summary of COSHAB-ALJ’s Decision dated January 13, 2020, Inspection No. 1165502 (Bakersfield, CA).

EMERICARE, INC DBA BROOKDALE NORTHRIDGE

47 COR 40-8247 [¶23,012]

ELECTRICAL SAFETY ORDERS, LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – REQUIREMENTS FOR ELECTRICAL INSTALLATIONS, IDENTIFICATION OF EQUIPMENT, MOTORS AND APPLIANCES
Cal. Code Regs, tit. 8, § 2340.22(a) (2020) – Employer failed to label electrical panels, a general violation.

ELECTRICAL SAFETY ORDERS, LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – CONDUCTORS ENTERING BOXES, CABINETS, OR FITTINGS, UNUSED OPENINGS IN CABINETS, BOXES, AND FITTINGS EFFECTIVELY CLOSED
Cal. Code Regs, tit. 8, § 2473.1(b) (2020) – Employer failed to close unused openings in electrical panels, a general violation.

POINTS OF OPERATION AND OTHER HAZARDOUS PARTS OF MACHINERY, FOOD AND TOBACCO MACHINERY, GARBAGE DISPOSAL EQUIPMENT
Cal. Code Regs, tit. 8, § 4559(a) (2020) – Employer failed to adequately guard the feed throat of a sink-mounted disposal unit, a serious violation.

Summary of COSHAB-ALJ’s Decision dated January 8, 2020, Inspection No. 1300039 (Northridge, CA).

 

DAVIS DEVELOPMENT COMPANY, INC.

47 COR 40-8245 [¶23,011]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4), (a)(6) (2019) – Employer failed to ensure that its IIPP was effectively implemented and enforced with regard to two-inch rebar

CONSTRUCTION SAFETY ORDERS – ERECTION AND CONSTRUCTION, REQUIREMENTS FOR IMPALEMENT PROTECTION, REINFORCING STEEL AND OTHER SIMILAR PROJECTIONS
Cal. Code Regs, tit. 8, § 1712(c)(1) (2019) – Employer failed to guard exposed ends of reinforcing steel to which employees were exposed, a serious violation.

Summary of COSHAB-ALJ’s Decision dated December 17, 2019, Inspection No. 1226084 (Rancho Cucamonga, CA).

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.