49 COR 40-8623 [¶23,216]
INJURY AND ILLNESS PROTECTION PLAN – identification, evaluation, and correction of workplace hazards California Code of Regulations, title 8, § 1509(a) (2019) – The Employer’s Injury and Illness Prevention Plan (IIPP) was found to be deficient because the Employer failed to identify, evaluate, and correct workplace hazards associated with operating a construction personnel hoist (CPH) when there were open areas above the required hoistway enclosures where persons, parts, and/or equipment may extend out into the pathway of the hoist. DETERMINATION OF CITABLE EMPLOYER IN MUTLI-EMPLOYER WORKSITE – CREATING EMPLOYER California Code of Regulations, title 8, § 336.10(b) (2019) – The employer in a multi-employer worksite who actually created the hazard may be cited even if the exposed employee was not employed by that entity. The particular IIPP violation that created a hazard for which Employer was cited was properly attributed to Employer as the creating employer. DUAL EMPLOYMENT – OBLIGATIONS OF PRIMARY EMPLOYER Labor Code § 6401.7(a) (2019) - Employer was not relieved of responsibility for the violation based on the mere fact that Employer’s role in the employment relationship with the injured employee was that of a primary employer and there was no day-to-day or task-by-task control exercised over the injured employee. ASSESSMENT OF CIVIL PENALTIES The Citation, including a classification of Serious-Accident Related, was affirmed and associated penalty of $18,000 was assessed.Summary of COSHAB-ALJ’s Decision dated November 2, 2022, Inspection No. 1380273 (San Leandro, CA)
Read More...