49 COR 40-8597 [¶23,201]

 FOOT PROTECTION – PRESUMPTION OF APPROPRIATE FOOT PROTECTION California Code of Regulations, title 8, § 3385(c) (2019) – Employer did not rebut the presumption that footwear meeting the specifications and standards referenced in § 3385(c), constitutes “appropriate” foot protection under the regulation. EMPLOYER DEFENSES – INDEPENDENT ACTION Employer raised the Independent Employee Action Defense (IEAD). Employer did not present sufficient evidence to establish each of the five criteria in order to successfully assert the defense. EMPLOYER DEFENSES – NEWBERY DEFENSE In order to successfully assert a Newbery defense, the Employer must demonstrate the violation was, among other criteria, unforeseeable. The ALJ determined the violation was foreseeable and denied the Newbery defense. SERIOUS INJURY – ACCIDENT RELATED Labor Code § 6432 – The Citation was properly characterized as Serious Accident-Related after a review of the facts of the violation. ASSESSMENT OF CIVIL PENALTIES California Code of Regulations, title 8, §§ 333 through 336 -Penalties calculated in accordance with the penalty-setting regulations set forth in are presumptively reasonable. The $18,000 penalty was found reasonable and ordered to be assessed.

Summary of COSHAB-ALJ’s Decision dated September 23, 2022, Inspection No. 1436480 (Atlanta, GA)


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