47 COR 40-8262 [¶23,024]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4), (a)(6) (2020) – The Division did not establish that Employer failed to ensure its IIPP was effectively implemented and enforced with regard to hazards of floor openings and securing of floor opening covers. CONSTRUCTION SAFETY ORDERS – FLOOR, ROOF, AND WALL OPENINGS TO BE GUARDED, TEMPORARY RAILINGS AND TOEBOARDS OR COVERS Cal. Code Regs, tit. 8, § 1632(b) (2020) – Employer violated the safety order by failing to secure a floor opening cover, which resulted in an employee falling 10 feet and suffering serious injuries. However, Employer established that it did not know, and could not with the exercise of reasonable diligence have known, of the existence of the violation. Thus, the ALJ reclassified the violation from serious to general.

Summary of COSHAB-ALJ’s Decision dated February 7, 2020, Inspection No. 1205077 (San Diego, CA).


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