49 COR 40-8607 [¶23,207]

INJURY AND ILLNESS PREVENTION PROGRAM – EMPLOYER REQUIREMENTS California Code of Regulations, title 8, § 3203(a) (2021) – Every employer must establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing. COVID-19 PREVENTION – WRITTEN COVID-19 PREVENTION PROGRAM California Code of Regulations, title 8, § 3205(c) (2021) – Employers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program, which may be integrated into the employer’s injury and Illness Prevention Program required by section 3203, or be maintained in a separate document. HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT – REQUIREMENT OF WRITTEN HEAT ILLNESS PREVENTION PLAN California Code of Regulations, title 8, § 3395(i) (2021) – An  employer shall establish, implement, and maintain, an effective heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Division upon request. The Heat Illness Prevention Plan may be included as part of the employer’s Illness and Injury Prevention Program required by § 3203. PORTABLE LADDERS – CARE, USE, INSPECTION AND MAINTENANCE California Code of Regulations, title 8, § 3276(e)(11) (2021) – When portable ladders are used for access to an upper landing surface, the side rails shall extend not less than 36 inches above the upper landing surface to which the ladder is used to gain access. FLOOR OPENINGS, FLOOR HOLES, SKYLIGHTS AND ROOFS – WOODWORKING MACHINES AND EQUIPMENT California Code of Regulations, title 8, § 3212(e) (2021) – Any employee approaching within 6 feet of any skylight shall be protected from falling through the skylight or skylight opening by any one of the methods proscribed in paragraphs (1) through (6) of the regulation. CLASSIFICATION OF VIOLATIONS AND DEFINITIONS - SERIOUS VIOLATION ACCIDENT RELATED Labor Code § 6432 (2021) – There is  rebuttable presumption that a “serious violation” exists in a place of employment if the Division demonstrates there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation.  The Division’s witness was competent to testify on the issue [Labor Code § 6432(g)] and the accident was considered properly classified as Serious – Accident Related. ASSESSMENT OF CIVIL PENALTIES - ABATEMENT California Code of Regulations, title 8, § 334) (2021) – The Employer failed to show that abatement was not feasible, impractical, or unreasonably expensive. The Citations and associated penalty of $12,015 were affirmed.

Summary of COSHAB-ALJ’s Decision dated October 25, 2022, Inspection No. 1537831 (Los Angeles, CA).


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