49 COR 40-9011 [¶23,375]
OPERATING RULES – Title 8, California Code of Regulations, §3664(a) The proffered evidence showed that Employer failed to post a set of Operating Rules for employees operating industrial trucks or industrial tow tractors INDUSTRIAL TRUCKS - Title 8, California Code of Regulations, §3650(t)(22) The proffered evidence showed Employer securely blocked or restrained trucks and trailers at loading docks. FOOT PROTECTION – Title 8, California Code of Regulations, §3385(a) The proffered evidence showed Employer failed to provide appropriate foot protection to employees exposed to falling objects or crushing or penetrating actions. AFFIRMATIVE DEFENSES – Employer did not establish any of its asserted affirmative defenses. REGULATORY CLASSIFICATION – Title 8, California Code of Regulations, §334(a) The proffered evidence showed that Citation 1, Item 1, was properly classified as it was a failure to post violation. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The proffered evidence showed that Citation 2 was properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 1, and Citation 2, were affirmed and the proposed penalties were deemed reasonable.Digest of COSHAB ALJ’s Decision dated Oct. 28, 2025, Inspection No. 1469097 (Santa Clarita)
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