49 COR 40-8870 [¶23,305R]
INSPECTION AUTHORITY – Labor Code §§6307, 6314(a) - The California Occupational Safety and Health (Cal/OSH) Act grants the Division broad authority to inspect or investigate all places of employment, for the purpose of protecting workplace health and safety. The Division’s inspection was within its jurisdiction. JURISDICTION - INSPECTION CONSENT - An employer or its representatives may refuse or withdraw consent “expressly or impliedly by their conduct.” Employer’s statements and actions indicated that it consented to the Division’s investigation. The ALJ’s finding was affirmed. INSPECTION RECORDS – Title 8, California Code of Regulations, §3203(b) – Employer has a duty to both inspect the work site for hazardous conditions and to document the inspections. Citation 1 Item 1, was upheld. APPROPRIATELY TRAINED PERSON – Title 8, California Code of Regulations, §1512(b) – Employer is required to ensure the availability of persons to render first aid in the span of a few minutes. The ALJs Decision was reversed and Citation 1, Item 6, was vacated. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - Title 8, California Code of Regulations, §3203(a)(6) – Citation 2 was upheld, finding that the Division met its burden in proving a single deficiency regarding an essential element of an IIPP or its implementation.Digest of COSHAB’s Decision After Reconsideration dated October 18, 2024Inspection No. 1568252.
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