37 COR 40-6444 [¶ 21,676R]
FOURTH AMENDMENT - CONSENT TO INSPECTION
An employer who fails to timely and specifically assert its Fourth Amendment rights cannot effectively do so for the first time in a post-hearing brief. Employer failed to effectively raise, or support with factual evidence, any claim that its Fourth Amendment rights were violated.
INJURY AND ILLNESS PREVENTION PROGRAM - PHYSICAL CONDITIONS
Cal Code Regs. tit. 8 § 3203(a)(4) (2010) - The Division cited Employer for failure to identify a lack of guarding hazard during safety inspections. The Board reversed the ALJ’s dismissal of the citation and imposed a $375 fine.
MACHINERY AND EQUIPMENT - LOCKOUT/TAGOUT
Cal Code Regs. tit. 8 § 3314(a) (2010) - The Division cited Employer for failure to de-energize equipment while servicing. The Board reversed the ALJ’s dismissal of the citation and imposed a fine of $18,000.
MACHINERY AND EQUIPMENT - GUARDING GEARS AND SPROCKETS
Cal Code Regs. tit. 8 § 4075(a) (2010) – The Division cited Employer for ineffective guard on a chain and sprocket drive. The Board reversed the ALJ’s dismissal of the citation and imposed a fine of $3,375.