49 COR 40-8613 [¶23,209]

FOOT PROTECTION –  REQUIRED PROTECTION California Code of Regulations, title 8, § 3385(a) (2018) – The Division established there was an exposure to foot injuries, making it incumbent on Employer to provide safety footwear that will protect against the hazards found in the workplace. SERIOUS VIOLATION -  REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) (2018) – Hazardous conditions in plain view constitute serious violations since the employer could detect them by exercising reasonable diligence. The Employer failed to rebut the presumption that the violation was properly classified as Serious because the hazard was in plain view. ASSESSMENT OF CIVIL PENALTIES – REASONABLENESS OF PENALTIES California Code of Regulations, title 8, §§ 333 through 336 (2018) – The Division submitted its Proposed Penalty Worksheet, Employer did not present evidence that the calculations were incorrect, and thus the proposed penalties were presumed reasonable. Accordingly, the proposed penalty of $13,500 was affirmed.

Summary of COSHAB-ALJ’s Decision dated October 17, 2022, Inspection No. 1314092 (City of Commerce, CA)


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