49 COR 40-9021 [¶23,380]
REPORTING SERIOUS INJURY – Title 8, California Code of Regulations, §342(a) The Division met its burden to show Employer failed to report a serious injury. PUSH STICKS OR PUSH BLOCKS FOR TABLE SAWS - Title 8, California Code of Regulations, §4300.1(c)(2) The proffered evidence showed Employer failed to provide suitable push sticks or push blocks for ripping operations. TABLE SAW GUARDING – Title 8, California Code of Regulations, §4300.1(a) The proffered evidence showed the employer failed to ensure the table saw’s blade was effectively guarded. AFFIRMATIVE DEFENSES – Employer did not establish that the inspection was invalid or that the citations were issued untimely. Employer could not avail itself of the IEAD because its injured employee was considered a member of management. Moreover, the safety order required positive guarding. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The proffered evidence showed that Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption. ACCIDENT-RELATED CHARACTERIZATION – The proffered evidence established a causal nexus between the violation and the serious injury as alleged in Citation 2. ASSESSMENT OF CIVIL PENALTIES - Citations 1, 2 and 3, were affirmed but the penalty calculations for Citations 2 and 3 were amended.Digest of COSHAB ALJ’s Decision dated December 1, 2025, Inspection No. 1638538 (Sun Valley)
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