BEHNKE ENTERPRISES, INC. DBA BEHNKE ELECTRIC & SPECIALTY

By: Rick Waldinger

39 COR 40-6829 [¶ 22,099]

PORTABLE LADDERS - CLIMBING AND WORKING ON LADDERS
Cal. Code Regs, tit. 8, § 3276(e)(15)(E) (2012) - Employer’s employees stepped on the topcap or the step below the topcap of a stepladder. The Division established a violation that was classified properly as serious, but not accident-related. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 1509(a) (2012) - Employer did not appeal the violation for failure to establish, implement, and maintain an effective written IIPP in accordance with §3203. A violation was established by law and was classified properly as general. However, the ALJ increased the penalty, based on extent. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - CODE OF SAFE PRACTICES (CSP)
Cal. Code Regs, tit. 8, § 1509(b) (2012) - Employer did not appeal the violation for failure to adopt a written CSP. A violation was established by law and was classified properly as general. However, the ALJ increased the penalty, based on extent. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - SAFETY MEETINGS
Cal. Code Regs, tit. 8, § 1509(e) (2012) - Employer did not appeal the violation for failure to conduct safety meetings. A violation was established by law and was classified properly as general. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - EMERGENCY MEDICAL SERVICES
Cal. Code Regs, tit. 8, § 1512(i) (2012) - Employer did not appeal the violation for failure to have a written plan for emergency medical services. A violation was established by law and was classified properly as general. However, the ALJ increased the penalty, based on extent. 

PORTABLE LADDERS - LADDER SAFETY TRAINING
Cal. Code Regs, tit. 8, § 3276(f) (2012) - Employer did not appeal the violation for failure to give employees training on ladder safety. A violation was established by law and was classified properly as general. 

FINANCIAL HARDSHIP - NO PENALTY REDUCTION
Employer did not meet its burden of proof to establish financial hardship.

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