48 COR 40-8483 [¶23,147R]
SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, HEAT ILLNESS PREVENTION PLAN (HIPP) Cal. Code Regs, tit. 8, § 3395(i) (2021) – The Appeals Board reversed the ALJ’s decision that Employer’s HIPP contained all elements required by the safety order. The Board concluded that, although the HIPP satisfied most of the minimum requirements of §3395(e)(5), it did not specifically provide for daily pre-shift meetings to discuss high heat procedures on all high-heat days, other than under heat wave conditions, nor did it require supervisors to remind employees of their right to take cool-down rests as needed. The Appeals Board affirmed the citation. INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION Cal. Code Regs, tit. 8, § 3203(a)(7) (2021) – The Appeals Board reversed the ALJ’s decision that Employer’s IIPP contained all elements required by the safety order and was implemented in accordance with the boom dolly crane operating instructions in effect at the time of the fatal injury accident. Employer failed to train all employees to use two or more wheel chocks pursuant to its boom dolly operating instructions. The Appeals Board affirmed the citation. SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT NOT USED OR OPERATED UNDER CONDITIONS OF SPEED, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS Cal. Code Regs, tit. 8, § 3328(a)(2) (2021) – The Appeals Board affirmed the ALJ’s decision that the Division failed to establish a violation of the cited safety order. The fatal injury incident took place before the subsection that formed the basis for the alleged violation took effect.Digest of COSHAB’s Decision After Reconsideration dated September 24, 2021, Inspection No. 1135350.
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