49 COR 40-8975 [¶23,356]
PROTECTION FROM REINFORCING STEEL AND SIMILAR PROJECTIONS - Title 8, California Code of Regulations, §1712(c)(1) – The evidence proffered established that Employer failed to cap metal forming stakes which caused an impalement hazard. MULTI-EMPLOYER WORKSITES – CONTROLLING EMPLOYER Title 8, California Code of Regulations, §336.10 – The proffered evidence established Employer was correctly cited as a controlling employer. AFFIRMATIVE DEFENSE – DUE DILIGENCE – The proffered evidence established Employer failed to meet its burden to establish that it exercised due diligence to relieve it of liability for the violation. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 1 was properly classified as Serious. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1 was affirmed, and the proposed penalty was assessed.Digest of COSHAB ALJ’s Decision dated August 1, 2025, Inspection No. 1606843 (Visalia)
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