38 COR 40-6593 [¶ 21,832]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 1509(a) (2011) - Employer waived the violation’s existence; thus, it existed by operation of law. The violation for failure to maintain an IIPP was properly classified as general. However, the proposed penalty was not reasonable, and the ALJ increased it.
HEAT ILLNESS PREVENTION - LACK OF WRITTEN PROCEDURES
Cal. Code Regs, tit. 8, § 3395(e)(3) (2011) - Employer waived the violation’s existence; thus, it existed by operation of law. The violation for lack of written heat illness prevention procedures was properly classified as general. However, the proposed penalty was not reasonable, and the ALJ reduced it.
EXCAVATIONS - RETAINING DEVICES
Cal. Code Regs, tit. 8, § 1541(j)(2) (2011) - Employer waived the violation’s existence; thus, it existed by operation of law. The violation for lack of protection from material falling into an excavation was properly classified as general. However, the proposed penalty was not reasonable, and the ALJ increased it.
EXCAVATIONS - PROTECTIVE SYSTEM
Cal. Code Regs, tit. 8, § 1541.1(a)(1) (2011) - Employer waived the violation’s existence; thus, it existed by operation of law. Employer knew that employees were working in an excavation without a protective system, in violation of §1541.1(a). The ALJ reclassified the violation as willful and increased the penalty.