49 COR 40-8825 [¶23,286]

INJURY AND ILLNESS PREVENTION PLAN Title 8, California Code of Regulations, §§3203(a)(4) and (a)(6) - The evidence proffered showed that the Employer failed to investigate new hazards effectively and failed to implement procedures to correct workplace hazards relating to COVID-19.  CONTROL OF HARMFUL EXPOSURE TO EMPLOYEES Title 8, California Code of Regulations, §5141(a) - The evidence proved that the Division did not meet its burden to show that Employer failed to establish feasible engineering controls to prevent the hazard.  VIOLATIONS – SERIOUS CLASSIFICATION Labor Code §6432(a) – The Division established a rebuttable presumption that the citation was properly classified as Serious.  SERIOUS VIOLATION - REBUTTAL PRESUMPTION OF CLASSIFICATION Labor Code §6432(c) – Employer failed to rebut the presumption that Citation 2 was properly classified as Serious by demonstrating that it took all the steps a reasonable and responsible employer should be expected to take, before the violation occurred. ASSESSMENT OF CIVIL PENALTIES Citations 1 and 2 were affirmed, and the proposed penalties were assessed.

Digest of COSHAB ALJ’s Decision dated May 24, 2024, Inspection No. 1499137 (Lancaster)


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