ASHLEY FURNITURE INDUSTRIES, INC.

44 COR 40-7933 [¶22,775R] INDUSTRIAL TRUCKS, GENERAL – SAFE OPERATION, OPERATORS SHALL LOOK IN DIRECTION OF TRAVEL AND SHALL NOT MOVE VEHICLE UNTIL CERTAIN THAT ALL PERSONS ARE IN THE CLEAR Cal. Code Regs, tit. 8, § 3650(t)(12) (2017) – The Board concluded that the Division failed to establish that Employer violated the safety order, which requires that industrial truck operators look in the direction of travel and not move the vehicle until all persons are clear. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, SERVICE OF DOCUMENTS AND DUTY TO NOTIFY OTHERS OF APPEAL AND HEARING – COMPUTATION OF TIME Board reg. § 348 (2017) – The 1BY form informing Employer of the Division’s intent to issue a serious citation for violation of §3385(a) was not late. The Board found that the ALJ incorrectly reclassified the citation as general. REGULATIONS OF THE DIRECTOR OF INDUSTRIAL RELATIONS, PROPOSED PENALTY PROCEDURE – FACTORS CONSIDERED IN ASSESSING CIVIL PENALTIES, GOOD FAITH Cal. Code Regs, tit. 8, §§ 335(c), 336 (2017) – The Division improperly failed to give a penalty credit to Employer, based on factors that were not relevant to the penalty calculation. The Board recalculated the penalty with an amended good faith adjustment. Digest of COSHAB’s Decision After Reconsideration dated November 7, 2017, Inspection No. 1016514.Read More...