49 COR 40-8699[¶23,250]
RECORDKEEPING - OSHA FORM 300 LOGS California Code of Regulations, Title 8, §14300.40 (a) – basic requirement to provide records within four business hours to authorized government representative. California Code of Regulations, Title 8, §14300.29(a) – basic requirement that Employer use Cal/OSHA 300, 300A and 301 forms for recordable injuries and illnesses. Employer complied with the postmark date written at the top of the Form.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - EFFECTIVE TRAINING California Code of Regulations, Title 8, §3203(a)(7)C) and (F) – Evidence at the hearing established that Employer effectively implemented the IIPP having trained employees on how to safely operate the radial arm saw.
MACHINERY AND EQUIPMENT ADJUSTMENT California Code of Regulations, Title 8, §3328(a)(2) – Evidence at the hearing established that Employer operated the radial arm saw in accordance with the engineered design adjusting the barrier height to within ¼ inch of the work piece to be cut.
GUARDING California Code of Regulations, Title 8, §4309(a) – Evidence at the hearing established that Emptoyer failed to fully guard the arbor ends and lower portion of the saw blade.
STATUTE OF LIMITATIONS Labor Code section 6317(e)(1) – Citations shall not be issued by the Division more than six months after the occurrence of the violation. The Division failed to issue the citation timely.
Digest of COSHAB-ALJ’s Decision dated June 28, 2023, Inspection No. 1569933 (Sacramento, CA)
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