49 COR 40-8753 [23,269]
CONSENT TO INSPECTION – Labor Code §6307– The evidence established that Employer’s representative had apparent authority to consent to the inspection and did so. The Division’s inspection was lawful. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §§3203(a) and (b)(1) and (2) – The evidence established the Employer failed to keep records of scheduled and periodic inspections. The evidence failed to establish that Employer did not have a written IIPP. CAL/OSHA FORM 300 LOGS – Title 8, California Code of Regulations, §14300.31(a) – The evidence was insufficient to establish that Employer failed to document recordable injuries on the 300 logs. CODE OF SAFE PRACTICES - Title 8, California Code of Regulations, §1509(b) – The evidence proffered by the Division, was insufficient to show that Employer did not have a written Code of Safe Practices at the time of the inspection. TOOLBOX OR TAILGATE MEETINGS – Title 8, California Code of Regulations, §1509(e) – The evidence proffered by the Division was insufficient to show that Employer did not conduct tailgate safety meetings every 10 days. APPROPRIATELY TRAINED PERSONNEL – Title 8, California Code of Regulations, §1512(b) The evidence proffered by the Division was sufficient to show that Employer did not have appropriately trained persons to render first aid at the jobsite. COVID-19 PREVENTION PROGRAM (CPP) – Title 8, California Code of Regulations, §3205(c)– The evidence proffered by the Division was insufficient to show that Employer did not have a written CPP during the inspection. HEAT ILLNESS PREVENTION PLAN (HIPP) – Title 8, California Code of Regulations, §§3395(c) and (i) – The evidence proffered by the Division was insufficient to show that Employer did not provide drinking water to employees. The evidence proffered by the Division was insufficient to show that Employer did not have a HIPP during the inspection. WRITTEN RESPIRATORY PROTECTION PROGRAM and RESPIRATOR MEDICAL EVALUATION and FIT TESTING – Title 8, California Code of Regulations, §§5144(c)(1), (e)(1) and (f)(2) – The evidence proffered by the Division was insufficient to show there was a hazard requiring the use of respirators or that an employee had voluntarily done so. The evidence proffered by the Division was insufficient to show there was employee exposure to a hazard that an ill-fitting mask may have posed. The evidence proffered by the Division was insufficient to show employer did not have a written RPP or that employees were at risk of any harmful exposure during the relevant period. IDENTIFY, EVALUATE and CORRECT WORKPLACE HAZARDS - Title 8, California Code of Regulations, §§3203(a)(4) and (a)(6) – The Division proffered insufficient evidence to show that Employer regularly engaged in the practice of violating a regulation and thus, Employer did not fail to identify and evaluate the hazard. The evidence established that Employer failed to correct a workplace hazard. LEAD EXPOSURE – Title 8, California Code of Regulations, §1532.1(d)(1)(A) – The evidence proffered by Employer showed it performed lead testing to determine employee exposure. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION - Labor Code §6432(c) – Failure to formally train the employee as to how to secure and balance a load before moving the load supports a finding that the employer did not rebut the Serious classification. SERIOUS INJURY – ACCIDENT RELATED – Labor Code §6432(c) – The Citation was properly characterized as Serious Accident-Related after review of the facts of the violation. ASSESSMENT OF CIVIL PENALTIES – Three citations were affirmed, and the proposed penalties were assessed.Digest of COSHAB-ALJ’s Decision dated September 29, 2023, Inspection No. 1568252 (Piedmont, CA)
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