BAY AREA RAPID TRANSIT DISTRICT

By: Rick Waldinger

38 COR 40-6590 [¶ 21,831]

WORK AREAS - PERMANENT ROADWAYS, WALKWAYS AND MATERIAL STORAGE AREAS IN YARDS FREE OF OBSTRUCTIONS
Cal. Code Regs, tit. 8, § 3273(b) (2011) - A walkway adjacent to Employer’s train track was not maintained free of dangerous obstructions. The evidence supported a general, rather than a serious classification. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - CORRECTING UNSAFE OR UNHEALTHY CONDITIONS
Cal. Code Regs, tit. 8, § 3203(a)(6) (2011) - Employer failed to maintain an effective system of methods or procedures to identify and correct hazardous conditions at the accident site. The evidence supported a serious classification. However, the penalty was reduced following modification of the likelihood factor. 

RAILCAR MOVEMENT - CONTROLS TO SAFEGUARD PERSONNEL
Cal. Code Regs, tit. 8, § 3332(b) (2011) - The Division had jurisdiction to enforce safety standards on Employer’s train tracks. A process used by Employer was not a method of control to safeguard personnel during railcar movement; thus, a violation existed. The evidence supported the serious classification and the proposed penalty.

WORK PROCEDURES - WORK IN PROXIMITY TO CONDUCTORS AND EQUIPMENT LOCATED IN HIGH-VOLTAGE STATIONS, OR SWITCHYARDS
Cal. Code Regs, tit. 8, § 2944(c) (2011) - Section 2944 did not apply to work near high-voltage collector shoes on Employer’s trains.

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