48 COR 40-8373 [¶23,089R]
JURISDICTION – EMPLOYER-EMPLOYEE RELATIONSHIP Labor Code §§ 2750.5, 6304, 6304.1(a) (2021) – Employer was an “employer” within the meaning of the Labor Code. Its petition offered no new evidence to overcome the presumption the individuals were not employees, beyond repeating the arguments already dismissed by the ALJ. Consequently, the Division had jurisdiction to issue the citations. OCCUPATIONAL INJURY OR ILLNESS REPORTS AND RECORDS – EMPLOYER RECORDS OF OCCUPATIONAL INJURY OR ILLNESS, PROVIDING RECORDS TO GOVERNMENT REPRESENTATIVES, BASIC REQUIREMENT Cal. Code Regs, tit. 8, § 14300.40(a) (2021) – Employer failed to produce required records to the Division, a regulatory violation. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, § 1509(a) (2021) – Employer violated the safety order by failing to have an IIPP. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), CODE OF SAFE PRACTICES (CSP) Cal. Code Regs, tit. 8, § 1509(b) (2021) – Employer violated the safety order by failing to have a CSP. CONSTRUCTION SAFETY ORDERS – TOILETS AT CONSTRUCTION JOBSITES Cal. Code Regs, tit. 8, § 1526(d) (2021) – Employer violated the safety order because it had toilet facilities that were not clean and that lacked an adequate supply of toilet paper. CONSTRUCTION SAFETY ORDERS – WASHING FACILITIES, GENERAL Cal. Code Regs, tit. 8, § 1527(a)(1) (2021) – Employer violated the safety order because it did not have a washing station with water, towels and soap or other cleansing agent. SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION Cal. Code Regs, tit. 8, § 3395(i) (2021) – Employer violated the safety order by failing to establish, implement, and maintain an effective heat illness prevention plan (HIPP).Digest of COSHAB’s Decision After Reconsideration dated January 27, 2021, Inspection No. 1213886.
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