37 COR 40-6509 [¶ 21,742]
EMPLOYER-EMPLOYEE RELATIONSHIP
LAB. § 6304 (2010) - A fatally-injured worker was an employee, rather than merely a “helper, “under the six-part test.
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2010) - Employer failed to report a serious, fatal injury to the Division. The ALJ upheld the full $5,000 penalty based on Employer’s post-violation conduct.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 3203(a) (2010) - Employer failed to establish, implement and maintain a written IIPP.
FLAMMABLE LIQUIDS, GASES AND VAPORS - TANKS, VATS AND CONTAINERS
Cal. Code Regs, tit. 8, § 5420(a)(2) (2010) - The record did not support a citation for a fuel tank not emptied, flushed or purged of flammable vapors and a test for flammability of vapors not made.