48 COR 40-8405 [¶23,104R]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), METHODS AND/OR PROCEDURES FOR CORRECTING UNSAFE OR UNHEALTHY CONDITIONS, WORK PRACTICES AND WORK PROCEDURES Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(6) (2021) – The Division failed to establish Employer violated §3203(a)(6), which did not apply to the Division’s specific allegation that Employer failed to fill out the root cause of the accident on a job hazard assessment. The citation did not concern implementation of corrective efforts, but rather whether Employer effectively implemented its duty to inspect, identify and evaluate hazards, which are more appropriately addressed under §3203(a)(4). CONSTRUCTION SAFETY ORDERS – RAMPS, RUNWAYS, STAIRWELLS, AND STAIRS, UNPROTECTED SIDES AND EDGES OF STAIRWAY LANDINGS PROVIDED WITH RAILINGS Cal. Code Regs, tit. 8, §§ 1626(b)(5),  1632(b)(1) and 1626(a)(2) (2021) – The ALJ correctly concluded §1624(b)(5) was not violated because the area from which an employee fell was not the “unprotected sides and edges of stairway landings.” The Division established the citation based on Employer’s violation of both §1632(b)(1), which requires floor, roof and skylight openings to be guarded by temporary railings and toeboards or by covers, and §1626(a)(2), which which pertains to stairwell guarding.  OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD  – PREHEARING PROCEDURE DISCOVERY, AND MOTIONS, AMENDMENTS Board reg. § 371.2 (2021) – The Appeals Board concluded the ALJ incorrectly denied the Division’s motions to amend its citation to allege violations of §§1632(b) and 1626(a)(2), respectively. Employer failed to demonstrate that its case would be seriously impaired if the amendment were granted.  OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD  – HEARING, POST-SUBMISSION AMENDMENTS Board reg. § 386(a) (2021) – The Appeals Board concluded the ALJ incorrectly denied the Division’s post-submission amendment. The ALJ declined to allow the amendment to conform to proof due to the undue delay in seeking the post-hearing amendment, but the text of the Board’s rule on post-submission amendments does not encompass “undue delay” considerations.

Digest of COSHAB’s Decision After Reconsideration dated April 2, 2021, Inspection No. 1173183.


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