39 COR 40-6795 [¶ 22,059]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2012) - Employer violated §342(a) by its failure to report a fatal injury accident in a timely manner. It did not establish that “exigent circumstances” existed to justify a later report. Based on several factors, the ALJ assessed a reduced penalty of $3,500.
TREE WORK, MAINTENANCE OR REMOVAL - FELLING
Cal. Code Regs, tit. 8, § 3427(c)(1) (2012) - The evidence was insufficient to establish that Employer, a tree services business, failed to clear a work area adequately, or that its employees failed to plan an escape route, while cutting a tree.
TREE WORK, MAINTENANCE OR REMOVAL - AUDIBLE WARNING
Cal. Code Regs, tit. 8, § 3427(c)(3) (2012) - No audible warning was given to those in the area just before a tree was ready to fall. The violation was properly classified as serious but the “accident-related” characterization was improper.