49 COR 40-8934 [¶23,335]
SAFE PRACTICES AND PERSONAL PROTECTION – Title 8, Cal. Code Regs, §3410(c) – The Division established that Employer failed to ensure that provided protection against burns to the ears and necks of firefighters engaged in wildland firefighting was worn by employees. REPEAT VIOLATIONS – SUBSTANTIALLY SIMILAR REGULATORY REQUIREMENT - Title 8, Cal. Code Regs, §334(d) – Violations need not be identical to establish a repeat classification. The parties stipulated the previous citation was affirmed for violation of section 3410. AFFIRMATIVE DEFENSES – Employer did not prove any of its pleaded affirmative defenses by a preponderance of the evidence. ABATEMENT – Employer did not demonstrate that abatement would be unreasonable. ASSESSMENT OF CIVIL PENALTIES - Employer withdrew its appeal of Citation 2. Citation 1 was affirmed by the ALJ. The classification was correct. The proposed penalties for Citations 1 and 2 were assessed.Digest of COSHAB ALJ’s Decision dated April 16, 2025, Inspection No 1360156 (Oroville)
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