49 COR 40-8898 [¶23,316R]
INJURY AND ILLNESS PREVENTION PROGRAM - IDENTIFY PERSON(S) WITH AUTHORITY AND RESPONSIBILITY FOR IMPLEMENTING - Title 8, California Code of Regulations, §3203(a)(1) – The record established that Employer’s IIPP did not identify a person with authority and responsibility for implementing the plan. IDENTIFYING AND EVALUATING HAZARDS - Title 8, California Code of Regulations, §3203(a)(4) – The record established that the IIPP did not include written procedures or instructions for identifying or evaluating hazards. TRAINING RECORDS – Title 8, California Code of Regulations, §3203(b)(2) – The proffered documentary evidence showed that the training records were deficient as they omitted required information. HEAT ILLNESS PREVENTION – ACCESS TO SHADE Title 8, California Code of Regulations, §3395(d) – Employer’s written HIPP was out-of- date. The Board found that having the wrong temperature in the HIPP could result in denied access to shade. INDUSTRIAL TRUCKS, GENERAL – SAFE OPERATION- Title 8, California Code of Regulations, §3650(t)(11) – The evidence established that Employer did not ensure that the forklift operator drove in reverse, “with the load trailing,” so he would have an unobstructed view in the direction of travel. AFFIRMATIVE DEFENSES – Independent Employee Action Defense - Employer failed to establish several elements of the IEAD with respect to having a well-devised safety program and proof of effective enforcement of the safety program. Newbery Defense – Employer did not have a well-designed safety program, which precluded application of the Newbery defense. SERIOUS VIOLATION – REBUTTAL OF CLASSIFICATION Labor Code §6432(c) – The Board determined the Decision correctly affirmed the Serious classification. ASSESSMENT OF CIVIL PENALTY – Citation 2 was correctly calculated and supported by the evidence.Digest of COSHAB’s Decision After Reconsideration dated December 19, 2024, Inspection No. 1399613.
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