42 COR 40-7315 [¶22,526R]
LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – BONDING IN HAZARDOUS LOCATIONS
Cal. Code Regs, tit. 8, § 2395.78 (2015) – The Board reversed the finding of the ALJ and concluded that Employer failed to maintain electrical continuity of metal noncurrent-carrying parts of a circuit, a serious violation. The Board reinstated the proposed penalty.
LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – CONDUCTORS ENTERING BOXES, CABINETS OR FILLINGS
Cal. Code Regs, tit. 8, § 2473.1(b) (2015) – The Division established that an unused opening on a metal conduit was not effectively closed. The Board affirmed the ALJ’s reclassification of the citation to general.
LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – CABINETS, BOXES AND FITTINGS, COVERS AND CANOPIES
Cal. Code Regs, tit. 8, § 2473.2(a) (2015) – Employer failed to provide covers on electrical conduit bodies. The ALJ reclassified the violation from serious to general, but the Board found that Employer failed to rebut the presumption of a serious violation. The original penalty was reinstated.
CONTROL OF HAZARDOUS SUBSTANCES – EMERGENCY EYEWASH AND SHOWER EQUIPMENT
Cal. Code Regs, tit. 8, § 5162(a) (2015) – Employer failed to provide bright color in the rear of, or next to, an eyewash station. The Board overturned the ALJ’s reclassification of the violation from serious to general. The Board found that a serious violation existed, and reinstated original the penalty.
PROCESS SAFETY MANAGEMENT OF ACUTELY HAZARDOUS MATERIALS – MANAGEMENT OF CHANGE (MOC)
Cal. Code Regs, tit. 8, § 5189(l) (2015) – Employer failed to implement its own MOC procedures with respect to the time requirements for replacement of valves. The ALJ reclassified the violation from willful-serious to general. The Board affirmed the ALJ’s finding of a general violation but concluded that the ALJ failed to consider the willful classification. The Board found the citation to be willful and accordingly calculated an amended penalty. However, using its discretion, the Board vacated the penalty associated with this citation as duplicative.
PUMPS, PIPE LINES AND VALVES – PIPING, FITTINGS AND VALVES
Cal. Code Regs, tit. 8, § 6845(a) (2015) – The ALJ found that the Division failed to establish that Employer did not repair or replace temporary non-welding repairs, in compliance with API Publication 570. The Board overturned this finding and reinstated the penalty of $70,000.
Digest of COSHAB’s Decision after Reconsideration dated October 20, 2015, Docket Nos. 13-R6D3-0655 through 0662.Read More...