49 COR 40-8859 [¶23,183]
REPORTING WORK-RELATED FATALITIES AND SERIOUS INJURIES Cal. Code Regs, tit. 8, § 342(a) (2022) – Employer failed to make a diligent inquiry into the nature of the injury and as such the Division established a failure to report a serious injury, a regulatory violation. INJURY AND ILLNESS PREVENTION PROGRAM Cal. Code Regs, tit. 8, § 3203(a)(6) (2022) – Employer’s IIPP was found deficient with regard to procedures for handling imminent hazards that cannot be immediately abated without endangering employees or property, a general violation. HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, HEAT ILLNESS PREVENTION PLAN (HIPP) Cal. Code Regs, tit. 8, § 3395(i) (2022) – Employer’s HIPP was deficient with regard to shade provisions [Cal. Code Regs, tit. 8, § 3395(d) (2022)] and not having the minimum requirements for emergency response procedures set forth in Cal. Code Regs, tit. 8, § 3395(f) (2022), a general violation. HAULAGE VEHICLES AND EARTHMOVING EQUIPMENT Cal. Code Regs, tit. 8, § 3666 (2022) – Employer failed to control hauling operations in such a manner as to ensure that equipment or vehicle operators know of the presence of rootpickers, spotters, lab technicians, surveyors, or other workers on foot in the areas of their operations, a general violation. [See: Cal. Code Regs, tit. 8, § 1502(e) (2022)] ASSESSMENT OF CIVIL PENALTIES Cal. Code Regs, tit. 8, §§ 336(a) and (b) (2022) – Employer did not present any evidence or argument to rebut the presumption that the penalties were reasonable and calculated in accordance with the Division’s policies and procedures. As such, the penalties were reasonable.Summary of COSHAB-ALJ’s Decision dated June 22, 2022, Inspection No. 1455641 (Chula Vista, CA).
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