49 COR 40-8829 [¶23,289R]
SERIOUS INJURY REPORTING – Title 8, California Code of Regulations, §342(a)(1) – The evidence presented showed the Employer failed to report a serious injury to the Division immediately. CITATION – PARTICULARITY/NOTICE REQUIREMENT – Labor Code §6317 – The Appeals Board determined that a citation for a general violation was written with sufficient particularity in describing the nature of the violation to provide fair notice and allow Employer to prepare a defense. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - Title 8, California Code of Regulations, §§3203(a)(2), (a)(4) and (a)(6) – The evidence presented demonstrated Employer’s IIPP did not have all required written procedures, Employer failed to implement effective procedures for conducting inspections and identifying and evaluating workplace hazards. A “new or previously unrecognized hazard” was demonstrated. HEAD PROTECTION - Title 8, California Code of Regulations, §3381(a) – The evidence presented demonstrated that Employer failed to ensure an employee exposed to the risk of head injury was wearing approved head protection. HOISTING EQUIPMENT – MOVING THE LOAD - Title 8, California Code of Regs, §4999(d)(2) – The evidence demonstrated Employer failed to ensure that a load was well secured and properly balanced in a lifting device before it was lifted more than a few inches, a serious, accident-related violation. 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. SERIOUS ACCIDENT-RELATED CHARACTERIZATION The Appeals Board affirmed the characterization of Citation 2. A causal nexus existed between the violation and the employee’s serious injury. PENALTY CALCULATION All citations were affirmed. The proposed penalties for Citation 1, Item 1, and Citation 2 were properly calculated and assessed. CITATION ISSUED TIMELY/STATUTE OF LIMITATIONS Labor Code §6317 – The evidence presented demonstrated the Division failed to issue the citations within the statute of limitations. The statutory deadline for issuing citations was suspended by executive order. The Appeals Board determined the Governor acted within his authority under the Emergency Services Act. (Gov. Code, §§8550-8669.7.)Digest of COSHAB’s Decision After Reconsideration dated June 12, 2024, Inspection No. 1497263.
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