46 COR 40-8235 [¶23,003]
JURISDICTION – EMPLOYER-EMPLOYEE RELATIONSHIP Labor Code §§ 2750.5, 6304, 6304.1(a) (2019) – Employer was an “employer” within the meaning of the Labor Code. 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) (2019) – Employer did not appeal the citation for failure to produce required records, which the Division properly classified as regulatory. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, § 1509(a) (2019) – 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) (2019) – 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) (2019) – 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) (2019) – Employer violated the safety order because it did not have a washing station with water, towels and soap or other cleansing agent. LOW-VOLTAGE ELECTRICAL SAFETY ORDERS – TEMPORARY WIRING, GROUND-FAULT CIRCUIT PROTECTION-CONSTRUCTION SITE Cal. Code Regs, tit. 8, § 2405.4(a) (2019) – The Division failed to establish Employer violated the safety order’s provisions regarding grounded electricity at the jobsite. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, TRAINING Cal. Code Regs, tit. 8, § 3421(c) (2019) – The Division failed to establish Employer violated the safety order by not providing required training on trimming trees SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, PERSONAL PROTECTIVE DEVICES, HAZARD ASSESSMENT AND EQUIPMENT SELECTION Cal. Code Regs, tit. 8, § 3380(f) (2019) – The Division failed to establish personal protective equipment (PPE) was required for any work being performed at the jobsite. SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION Cal. Code Regs, tit. 8, § 3395(i) (2019) – Employer violated the safety order due to lack of a heat illness prevention plan (HIPP).Summary of COSHAB-ALJ’s Decision dated November 8, 2019, Inspection No. 1213886 (Alta Loma, CA).
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