BAY AREA RAPID TRANSIT

By: Rick Waldinger

40 COR 40-6939 [¶22,209]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - CORRECTING UNSAFE CONDITIONS
Cal. Code Regs, tit. 8, § 3203(a)(6) (2013) - Employer failed to implement a method to correct unsafe conditions along its train tracks. The ALJ reclassified the violation as “willful serious” and increased the penalty.

WORK AREAS - PERMANENT ROADWAYS, WALKWAYS AND MATERIAL STORAGE IN YARDS FREE OF OBSTRUCTIONS
Cal. Code Regs, tit. 8, § 3273(b) (2013) - A walkway adjacent to a train track was not maintained free of dangerous obstructions. The citation was sustained by the ALJ; the classification was sustained by the Board. The ALJ vacated the penalty, as a single abatement method was needed for this violation and the violation cited under §3203(a)(6).

RAILCAR MOVEMENT - CONTROLS TO SAFEGUARD PERSONNEL
Cal. Code Regs, tit. 8, § 3332(b) (2013) - The ALJ reclassified the violation, lack of controls to safeguard personnel during railcar movement, as “willful serious” and increased the penalty.

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