49 COR 40-9054 [¶23,395R]
MEDICAL EVALUATION – Title 8, California Code of Regulations, §5144(e)(1) The Appeals Board concluded that Employer required the use of respirators in some instances without medically evaluating the employees as required. Citation 1, Item 1 was affirmed. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - Title 8, California Code of Regulations, §1509(a) and §3203(a)(6) The Appeals Board concluded that Employer effectively implemented its IIPP which included methods and/or procedures for correcting unsafe or unhealthy work hazards. Citation 2 was vacated. CONTROL OF OCCUPATIONAL DISEASES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, PERMISSIBLE PRACTICE – Title 8, California Code of Regulations, §5144(a)(1) The Appeals Board concluded that cocci spores met the definition of harmful dust and the hazard presented by cocci spores in outdoor workplaces was applicable to the safety order. The proffered evidence showed that the Division failed to demonstrate employee exposure to the hazard. Citation 3 was vacated. STATUTE OF LIMITATIONS – Labor Code §6317 The proffered evidence showed that each violation was ongoing in nature and constituted a continuing violation. The Division was not barred from issuing Citation 2. MULTI-EMPLOYER WORKSITE – CONTROLLING EMPLOYER, DUE DILIGENCE Title 8, California Code of Regulations, §336.10 The Appeals Board concluded that Employer did not implement an effective system for promptly correcting hazards. Employer did not prove the due diligence defense. Citation 1, Item 1 was affirmed.Digest of COSHAB’s Decision After Reconsideration dated March 12, 2026, Inspection No. 1235941.
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