49 COR 40-8594 [¶23,200]
INDUSTRIAL TRUCKS. GENERAL – SAFE SPEED AND DISTANCE California Code of Regulations, title 8, § 3650(t)(9) (2020) – a violation can be shown where an industrial truck is driven at an unauthorized or unsafe speed, regardless of the distance between the industrial truck and other vehicles. Alternatively, a violation may be shown where an industrial truck is operated at an unsafe distance from other vehicles, irrespective of the speed at which it is operated. The Division presented evidence sufficient to establish that Employer failed to ensure that industrial trucks were operated in a safe manner and a violation was affirmed. SERIOUS VIOLATION - REBUTTING THE PRESUMPTION Labor Code § 6432 (2020) – Although the injured employee testified that after the accident Employer eliminated the hazard, that alone was insufficient to rebut the Serious classification. SERIOUS INJURY – ACCIDENT RELATED RNR Construction, Inc., Cal/OSHA Insp. No. 1092600, DDAR (May 26, 2017) [Digest ¶ 22,708R] - There must be a showing by the Division of a “causal nexus between the violation and the serious injury”. The undisputed evidence showed that the injured employee suffered a serious injury to his ankle when a co-worker, in violation of the safety order, swung his forklift toward him, striking his ankle. The Citation was properly characterized as accident-related. ASSESSMENT OF CIVIL PENALTIES California Code of Regulations, title 8, § 336(c)(2) (2020_ - a violation characterized as Serious Accident-Related may only be reduced based on the size of the business, which was inapplicable in this case. Employer offered no evidence that the Division miscalculated the penalties, or that penalty regulations were improperly applied, or that the totality of the circumstances warranted a penalty reduction. The two Citations and associated penalties of $18,425 were found reasonable and affirmed.Summary of COSHAB-ALJ’s Decision dated September 8, 2022, Inspection No. 1462745 (Delano, CA)
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