ABM FACILITY SERVICES, INC. DBA ABM BUILDING VALUE (2)

By: Rick Waldinger

43  COR 40-7338 [¶22,544R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 3203(a)(4) (2015) – The Board upheld the ALJ’s finding of a general violation of §3203(a)(4). Employer had various written programs in place, but they were not implemented: scheduled periodic inspections required by subdivision (a)(4) to identify unsafe work practices and by Employer’s electrical safety program did not take place.

DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD)
Employer failed to establish two elements of the IEAD: effective enforcement of its safety program, and a policy of sanctions enforced against employees who violated the safety program. As a result, the defense was not established.

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