37 COR 40-6483 [¶ 21,717]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - NEW HAZARD
Cal. Code Regs, tit. 8, §3203(a)(4) (2010) – Employer’s IIPP did not contain written procedures for performing inspections to identify and evaluate hazards whenever new substances, procedures, or equipment were introduced or whenever Employer was made aware of a new or previously unrecognized hazard.
ESTOPPEL - RELIANCE ON PRIOR INSPECTION
Employer reasonably believed, based upon the Division’s previous actions and statements, that its IIPP was in compliance.
FLAMMABLE VAPORS - LOWER EXPLOSIVE LIMIT (LEL)
Cal. Code Regs, tit. 8, § 5416(c) (2010) - An explosion inside a spool pipe was sufficient circumstantial evidence to prove that the concentration of flammable gases or vapors exceeded 25 percent of the LEL. Employer did not perform testing before it permitted introduction of a source of ignition into an area where flammable gases or vapors exceeded 25% of the LEL. The Division established a violation, which the ALJ reclassified as general.