DAVEY TREE SURGERY CO. (3)

By: Rick Waldinger

44  COR 40-7842 [¶22,702R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS, INCLUDING SCHEDULED PERIODIC INSPECTIONS
Cal. Code Regs, tit. 8, § 3203(a)(4) (2017) – The Division failed to establish that Employer did not comply with its IIPP, which was in compliance with the safety order. Employer inspected the area before commencing work; its crew was experienced; and there was no evidence that new processes or procedures were involved. Employer’s failure to produce documentary evidence of inspections did not establish that such inspections were not performed.

TREE WORK, MAINTENANCE OR REMOVAL – TRAINING
Cal. Code Regs, tit. 8, § 3421(c) (2017) – The Division failed to establish that Employer violated the safety order. Employer had an experienced crew assigned to the project and had trained each crew member on the specific work in the fire area. There was no requirement that training sessions include visual aids or testing to assure that the information transmitted was understood.

TREE WORK, MAINTENANCE OR REMOVAL – SAFE WORK PROCEDURES, FELLING, WORK AREA CLEARED BEFORE CUTTING
Cal. Code Regs, tit. 8, § 3427(c)(1) (2017) – The safety order did not require Employer to “clear” an escape route during tree-felling work. Employer planned an escape route, although it may not have been cleared of all obstructions. The Board granted Employer’s appeal of the citation.

Digest of COSHAB’s Decision After Reconsideration dated May 15, 2017, Docket Nos. 13-R2D3-1018 through 1021; Inspection No. 119920106.

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