43 COR 40-7333 [¶22,542]
EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code §2750.5 (2015) – Employer maintained a place of employment, and the Division established that Employer was the employer of all workers at the site.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – WRITTEN PROGRAM
Cal. Code Regs, tit. 8, § 1509(a) (2015) – Employer violated the safety order by failing to establish, implement and maintain an effective written IIPP.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – CODE OF SAFE PRACTICES (CSP)
Cal. Code Regs, tit. 8, § 1509(c) (2015) – Employer violated the safety order by failing to post a CSP at a conspicuous location at the jobsite or make it readily available to the Division by supervisory personnel.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TOOLBOX OR TAILGATE SAFETY MEETINGS
Cal. Code Regs, tit. 8, § 1509(e) (2015) – Employer violated the safety order by failing to conduct “toolbox” or “tailgate” safety meetings, or the equivalent, with its crews at least every 10 working days.
EMERGENCY MEDICAL SERVICES – APPROPRIATELY TRAINED PERSON
Cal. Code Regs, tit. 8, § 1512(b) (2015) – Employer violated the safety order by failing to ensure the availability of a suitable number of appropriately trained persons to render first aid.
ACCESS, WORK SPACE, AND WORK AREAS – PORTABLE LADDERS, ACCESS TO LANDINGS
Cal. Code Regs, tit. 8, § 3276(e)(11) (2015) – Employer violated the safety order by failing to ensure that the side rails of a portable ladder extended at least 36 inches above the upper landing.
ACCESS, WORK SPACE, AND WORK AREAS – PORTABLE LADDERS, CLIMBING AND WORKING ON LADDERS
Cal. Code Regs, tit. 8, § 3276(e)(15)(E) (2015) – Employer violated the safety order by failing to ensure that an employee not stand on the top cap of a step ladder.
ACCESS, WORK SPACE, AND WORK AREAS – PORTABLE LADDERS, PROHIBITED USES
Cal. Code Regs, tit. 8, § 3276(e)(16)(C) (2015) – Employer violated the safety order by failing to ensure that an employee not use a step ladder in the partially closed position.
HEAT ILLNESS PREVENTION – WRITTEN PROCEDURES
Cal. Code Regs, tit. 8, § 3395(f)(3) (2015) – Employer violated the safety order by failing to provide written procedures for complying with subdivisions (f)(1)(B), (G), (H), and (I) of the heat standard.
ERECTION AND CONSTRUCTION – REINFORCING STEEL AND OTHER SIMILAR PROJECTIONS
Cal. Code Regs, tit. 8, § 1712(c)(1) (2015) – Employer violated the safety order by failing to guard exposed ends of rebar projections with protective covers.
ERECTION AND CONSTRUCTION – REINFORCING STEEL AND OTHER SIMILAR PROJECTIONS, PROTECTIVE COVERS, SPECIFICATIONS, TESTING AND APPROVAL
Cal. Code Regs, tit. 8, § 1712(d) (2015) – Employer violated the safety order by using protective covers over rebar projections that were not designed to be used as protective covers. However, the penalty was vacated as duplicative.
REGISTRATION—ASBESTOS-RELATED WORK, REGISTRATION REQUIREMENTS
Cal. Code Regs, tit. 8, § 341.6(a) (2015) – Employer violated the safety order by by failing to apply for and obtain a registration to engage in asbestos-related work prior to the commencement of asbestos abatement work.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – LEAD, LEAD-WORK PRE-JOB NOTIFICATION
Cal. Code Regs, tit. 8, § 1532.1(p) (2015) – Employer violated the safety order by failing to notify the Division prior to the commencement of lead abatement work.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – ASBESTOS, WORK PERFORMED WITHIN REGULATED AREAS SUPERVISED BY COMPETENT PERSON
Cal. Code Regs, tit. 8, § 1529(e)(6) (2015) – Employer violated the safety order by failing to ensure that asbestos abatement work was supervised by a competent person. However, the penalty was vacated as duplicative.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – ASBESTOS, PERIODIC MONITORING, CLASS I AND II OPERATIONS
Cal. Code Regs, tit. 8, § 1529(f)(3)(A) (2015) – Employer violated the safety order by failing to conduct daily monitoring representative of the exposure of each employee assigned to work within a regulated asbestos abatement area. However, the penalty was vacated as duplicative.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – ASBESTOS, COMMUNICATION OF HAZARDS
Cal. Code Regs, tit. 8, § 1529(k)(9)(A) (2015) – Employer violated the safety order by failing to initiate an asbestos training program, and by failing to ensure that employees hired and directed to perform asbestos removal work participated in the training. However, the penalty was vacated as duplicative.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – LEAD, EXPOSURE ASSESSMENT
Cal. Code Regs, tit. 8, § 1532.1(d)(1)(A) (2015) – Employer violated the safety order by failing to make a pre-job determination whether any employee could be exposed to materials containing lead above the action level while demolishing and removing painted wallboard and wooden structures known to Employer to contain lead based paint.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – LEAD, TRAINING PROGRAM
Cal. Code Regs, tit. 8, § 1532.1(l)(2) (2015) – Employer violated the safety order by failing to ensure that employees performing lead abatement work were adequately trained, and by failing to provide to the Division all materials relating to the employee information training program and certification. However, the penalty was vacated as duplicative.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – ASBESTOS, MULTI-EMPLOYER WORKSITES, GENERAL CONTRACTORS
Cal. Code Regs, tit. 8, § 1529(d)(5) (2015) – Employer violated the safety order by failing to ascertain whether the person(s) hired to remove asbestos-containing material from the project site were certified for asbestos removal work. However, the penalty was vacated as duplicative.
DUSTS, FUMES, MISTS, VAPORS, AND GASES – ASBESTOS, EXPOSURE ASSESSMENTS AND MONITORING
Cal. Code Regs, tit. 8, § 1529(f)(1)(A) (2015) – Employer violated the safety order by failing to perform an initial employee exposure assessment immediately before or at the initiation of the asbestos removal work.
Summary of COSHAB-ALJ’s Decision dated November 9, 2015, Docket Nos. 14-R1D4-2233 through 2244 (Oakland, CA).
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