49 COR 40-8721 [23,260]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Establish, implement and maintain an effective IIPP - Title 8, California Code of Regulations, §3203(a)(4) - The evidence proffered by the Division, was insufficient to show that Employer failed to implement its IIPP including periodic observation of its employees to “identify unsafe conditions and work practices”. IIPP – Effective training – Title 8, California Code of Regulations, §3203(a)(7) Employer established that its training program provided its employees with the knowledge and ability to recognize and avoid hazards of their particular job duties. GUARDRAILS AT ELEVATED LOCATIONS - Title 8, California Code of Regulations, §3210(c) Employer may use an alternative means to provide fall protection when guardrails are not feasible. The Division failed to establish that Employer did not implement an alternate fall protection method. EXPOSING EMPLOYER LIABILITY AND AFFIRMATIVE DEFENSES – Title 8, California Code of Regulations, §336.1 Employer established the affirmative defense by satisfying all five elements set forth in the regulation. ASSESSMENT OF CIVIL PENALTIES Two citations were vacated. No penalty was assessed.Digest of COSHAB-ALJ’s Decision dated September 1, 2023, Inspection No. 1462230 (San Jose, CA)
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