MALCOLM DRILLING COMPANY, INC. AND D.K. COM., INC. DBA DND CONSTRUCTION

By: Rick Waldinger

40 COR 40-7009 [¶22,277]

PENALTIES – FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2013) – Employer did not report a serious, work-related injury, the partial amputation of the tip of an employee’s finger, to the Division. Imposition of the full $5,000 penalty was warranted.

HAZARDOUS ENERGY CONTROL – CLEANING, REPAIRING, SERVICING, SETTING-UP OR ADJUSTING OF PRIME MOVERS, MACHINERY AND EQUIPMENT
Cal. Code Regs, tit. 8, § 3314(g) (2013) – Employer failed to develop written, clear and specific hazardous energy control procedures for auger drill rods.

HAZARDOUS ENERGY CONTROL – TRAINING
Cal. Code Regs, tit. 8, § 3314(j)(1) (2013) – Employer failed to train employees on hazardous energy control procedures specified in the safety order.

HAND PROTECTION – GLOVES NOT WORN WHERE ENTANGLEMENT HAZARD EXISTS
Cal. Code Regs, tit. 8, § 3384(b) (2013) – An employee was exposed to the hazard of wearing hand protection a danger of entanglement existed. The violation was properly classified as serious.

HAZARDOUS ENERGY CONTROL – CLEANING, SERVICING AND ADJUSTING OPERATIONS
Cal. Code Regs, tit. 8, § 3314(c)(1) (2013) – Employer failed to de-energize, lock- and tag-out an auger drill rod. The violation was properly classified as serious, accident-related, because the possibility of serious physical harm was substantial if a finger contacted the moving drill rod.

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