40 COR 40-6957 [¶22,224]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2013) - The ALJ deemed the proposed penalty of $5,000 inappropriate based upon several factors and reduced it to $1,750 for failure to timely report a serious injury.
HAND PROTECTION - GLOVES ENTANGLED IN MOVING MACHINERY
Cal. Code Regs, tit. 8, § 3384(b) (2013) - An employee was exposed to the hazard of wearing hand protection where a danger of entanglement existed. The violation was classified properly as serious, accident-related. Employer failed to establish the independent employee action or lack of knowledge defenses.
FINANCIAL HARDSHIP - NOT ESTABLISHED
Employer failed to demonstrate financial hardship sufficient for penalty reduction.