Cal/OSH Appeals Board Decision

KIRK PATRICK AVUGWI

By: Rick Waldinger

39 COR 40-6685 [¶ 21,937]

PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a); Labor Code § 6409.1 (2011) - Employer was not exempt from application of the safety order despite his status as a homeowner. The ALJ found a penalty of $4,500 appropriate. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7) (2011) - Employer failed to have a safety program for his employees. However, his failure to train an employee to drive a water truck did not violate §1509(a) because there was no evidence that the employee ever was assigned to drive the truck.

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