49 COR 40-8591 [¶23,199]
CONDUCTORS ENTERING BOXES, CABINETS, OR FITTINGS – UNUSED OPENINGS SHALL BE EFFECTIVELY CLOSED Cal. Code Regs, tit. 8, § 2473.1(b) (2019) – while the Division’s witness established there were knockouts missing from two electrical boxes, the Division did not meet its burden of proof to establish that there was employee exposure to a hazard resulting from the missing knockouts. The Citation and associated penalty of $210 were vacated. PERMIT-REQUIRED CONFINED SPACES – POSTING DANGER SIGNS Cal. Code Regs, tit. 8, § 5157(c)(2) (2019) - Employer’s locking out of the mixer, while an appropriate and required practice before employees enter to clean the inside, did not negate the permit-required confined space (PRCS) status of the mixer, requiring informing exposed employees of the existence of, location of, and the danger posed by the PRCS. STANDARD GUARDRAILS – SPECIFICATIONS Cal. Code Regs, tit. 8, § 3209(a) (2019) - § 3209(a) is a prescriptive standard and compliance requires adherence to the specific language contained therein. (See: Government Code § 11342.590). As such, de minimis argument proffered by Employer was rejected. BELT AND PULLEY DRIVES - GUARDING Cal. Code Regs, tit. 8, § 4070(a) (2019) - the Division established that it was reasonably predictable that employees might be in the zone of danger created by the belt and pulley drive that was not fully guarded. GEARS AND SPROCKETS – GUARD REQUIREMENTS Cal. Code Regs, tit. 8, § 4075(a) (2019) - The Division did not offer sufficient evidence to establish the necessary elements to show a violation of the regulation. As such, the Citation and associated penalty of $27,000 (proposed penalty as a Repeat Serious violation) were vacated. ASSESSMENT OF CIVIL PENALTIES The ALJ affirmed the citations and penalties for the cited General violations. As modified, the ALJ ordered assessments of modified penalties after applying the criteria in Cal. Code Regs, tit. 8, §§ 335 and 336.Summary of COSHAB-ALJ’s Decision dated September 7, 2022, Inspection No. 1412595 (Sun Valley, CA)
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