CA PRISON INDUSTRY AUTHORITY (2)

By: Rick Waldinger

40 COR 40-6987 [¶22,259]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – CODE OF SAFE PRACTICES
Cal. Code Regs, tit. 8, § 3203(a) (2013) – A single incident was insufficient to prove that Employer failed to maintain an effective IIPP.

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – SYSTEM OF COMMUNICATING WITH EMPLOYEES
Cal. Code Regs, tit. 8, § 3203(a)(3) (2013) – There was insufficient evidence to support a citation for absence of a system of communications with employees about safety and health issues.

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS
Cal. Code Regs, tit. 8, § 3203(a)(4) (2013) – Employer did not have procedures that would have allowed supervisors to keep track of the operations that inmates were preparing or planning to perform using specific tools and machines. Therefore, supervisors were unable to identify and evaluate workplace hazards.

WOODWORKING MACHINES AND EQUIPMENT – FEATHERBOARDS OR SUITABLE JIGS
Cal. Code Regs, tit. 8, § 4296(a) (2013) – There was insufficient evidence that Employer failed to provide featherboards to wood shop employees.

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION ON NEW JOB ASSIGNMENTS
Cal. Code Regs, tit. 8, § 3203(a)(7)(c) (2013) – Employer assigned an inmate worker to do a stopped dado cut on a table saw, a new assignment that he had not been trained to perform. Evidence about his injury and the likelihood of a serious injury supported the serious classification.

MACHINERY AND EQUIPMENT – ADEQUATE DESIGN
Cal. Code Regs, tit. 8, § 3328(a) (2013) – The ALJ concluded that the meaning of “shall be of adequate design” in the safety order had not been explained by any Appeals Board decision, nor was there evidence about its history to aid in its construction. There was no evidence to cast doubt on the adequacy of design or operation of Employer’s table saw or blade; rather, the hazardous action was the inmate’s decision to use the saw for the specific operation. Employer’s appeal was granted.

CIRCULAR RIPSAWS MANUAL FEED – ANTI-KICKBACK DEVICES
Cal. Code Regs, tit. 8, § 4300(d) (2013) – Because the use of an anti-kickback device is not feasible during the cutting of a stopped dado, the “Class B” designation assigned to §4300 eliminates the requirement that an anti-kickback device must be used during that operation. Employer’s appeal of the citation was granted.

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