CALIFORNIA PRISON INDUSTRY AUTHORITY

By: Rick Waldinger

 

37 COR 40-6438 [¶ 21,666R]

CORRECTIONAL INDUSTRIES - OTHER DIVISION JURISDICTION OVER UNSAFE CONDITIONS PERTAINING TO STATE PRISONERS
Cal. Code Regs, tit. 8, § 344.46 (2010) - The Division was not required to issue recommendations to Employer, a state agency that conducts commercial enterprises within state prison grounds, using inmate and non-inmate workers, prior to issuing citations. 

PENALTIES - FAILURE TO REPORT SERIOUS INJURY
C
al. Code Regs, tit. 8, § 342(a) (2010) - The ALJ properly upheld the violation against Employer and assessed an appropriate penalty, which the Board declined to reduce to zero. 

HAZARDOUS ENERGY CONTROL - TRAINING
Cal. Code Regs, tit. 8, § 3314(j)(2) (2010) - Employer failed to train an affected employee on hazardous energy control. The ALJ properly reduced the penalty, which was duplicative. 

HAZARDOUS ENERGY CONTROL - FAILURE TO DE-ENERGIZE AND BLOCK MACHINE WHILE CLEANING
Cal. Code Regs, tit. 8, § 3314(c) (2010) - The Division failed to show that any employee, other than one, was exposed to the hazard created by failure to mechanically block rotating blades inside a duct. That employee’s exposure was not reasonably predictable.

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