49 COR 40-8789 [23,279]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §§3203(a)(1) and (a)(4) and (b)(2) – The evidence proffered by the Division showed Employer failed to establish an effective IIPP with all required elements. The IIPP failed to identify the person with authority and responsibility for implementing the Program. It lacked procedures for identifying hazards when the program was first established. Trainings were not appropriately documented as required. HEAT INJURY AND ILLNESS PREVENTION PROGRAM (HIPP) – Title 8, California Code of Regulations, §3395(i) – The proffered evidence showed that Employer failed to establish an effective Heat Illness Prevention Plan. SAFE OPERATION OF INDUSTRIAL TRUCKS – Title 8, California Code of Regulations, §3650(t)(11) - Employer failed to ensure that a powered industrial truck was operated in a safe manner in accordance with applicable operating rules. DEFENSES - INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD): Employer failed to prove all five elements of the IEAD, the defense failed. NEWBERY DEFENSE: Employer knew or should have known of the potential danger to employees caused by the unsafe forklift driver. The evidence showed that the Employer failed to exercise adequate supervision to ensure safety. Violations of the requirements were foreseeable. All four elements of the defense existed. Employer did not meet its burden. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code §6432(c) – Failure to take all the steps that a reasonable and responsible Employer should to control the forklift travel and avoid collisions, supported a finding that the Employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTY – All citations were affirmed, and the associated penalties were assessed.Digest of COSHAB-ALJ’s Decision dated February 16, 2024, Inspection No. 1399613.
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