49 COR 40-8807 [¶23,283]
HEAT ILLNESS PREVENTION PROGRAM Title 8, California Code of Regulations, §3395(f)(1) -The evidence proffered showed that the Division failed to prove that Employer did not provide the required training on heat illness prevention. INJURY AND ILLNESS PREVENTION PLAN Title 8, California Code of Regulations, §§3203(a)(6) and (a)(7) - The evidence proffered showed that the Employer did not effectively implement an essential IIPP procedure. EXCAVATION INSPECTIONS Title 8, California Code of Regulations, §1541(k)(1) - The evidence proffered showed that the Division proved that Employer did not perform a needed excavation inspection. EXCAVATION PROTECTION Title 8, California Code of Regulations, §1541.1(a) - The evidence proffered showed that Employer failed to protect employees in an excavation from cave-ins by an adequate protective system designed in accordance with §1541.1(b) or (c). The ALJ sustained the serious, accident-related and willful characterizations of the violations at issue. AFFIRMATIVE DEFENSES LOGICAL TIME DEFENSE: The evidence proffered showed that Employer was aware that the logical time with respect to Citation 4 had arrived for protecting the employees. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD): Employer failed to prove all five elements of the IEAD, the defense failed with respect to Citation 4. SERIOUS VIOLATION - REBUTTAL PRESUMPTION OF CLASSIFICATION Labor Code §6432(c) – Employer failed to rebutt the presumption that Citations 2, 3 and 4 were properly classified as Serious by demonstrating that it took all the steps a reasonable and responsible employer should be expected to take, before the violation occurred. ASSESSMENT OF CIVIL PENALTIES Citations 2, 3 and 4 were affirmed, and the proposed penalties were assessed.Digest of COSHAB ALJ’s Decision dated April 25, 2024, Inspection No 314864661 (Los Angeles)
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