49 COR 40-8667 [23,237]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Inspection and Training Records – California Code of Regulations, title 8, § 3203(b) (2020) The evidence proffered by the Division, including submission of training sheets, was sufficient to establish the violation that Employer failed to include training provider information in its training records. IIPP – Establish, implement and maintain an effective IIPP California Code of Regulations, title 8, section 3203(a) Employer established six instances of compliance with the IIPP requirements and also satisfied the requirements with its written materials. FIXED FIRE EQUIPMENT - California Code of Regulations, title 8, § 3311 Evidence at hearing established that a kitchen range is an example of fixed fire equipment as it is used in one location and thus falls within the scope of the regulation cited. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD) Employer failed to establish all five elements of the IEAD. It alleged that an employee caused a safety infraction which he knew to be contrary to Employer’s safety requirements. However, the requirement was for prominent display of lighting instructions, a responsibility of Employer not delegated to an employee, thus IEAD is inapplicable. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) (2020) Failure to display lighting and relighting instructions for a stove pilot light supports a finding that the employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTIES Two citations were vacated. Two citations, including one with a classification of Serious were affirmed and a final penalty of $13,875 was assessed.Digest of COSHAB-ALJ’s Decision dated March 10, 2023, Inspection No. 1273311 (San Diego, CA)
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