43 COR 40-7369 [¶22,564R]
EMPLOYMENT – SCOPE OF EMPLOYMENT
Labor Code § 6303(b) (2016) – The injured employee’s actions, even though technically “off the clock,” were taken for the benefit of Employer, and were foreseeable as part of his usual morning and afternoon routine. Thus, he was within the scope of his employment at the time of the injury accident.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – CORRECTING UNSAFE OR UNHEALTHY CONDITIONS, WORK PRACTICES OR WORK PROCEDURES
Cal. Code Regs, tit. 8, §§ 1509(a)(6), 3203(a)(6) (2016) – Employer failed to implement a procedure for protection against inadvertent movement of trailers on sloped ramps for employees attempting to hitch trailers to trucks.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TRAINING AND INSTRUCTION
Cal. Code Regs, tit. 8, §§ 1509(a)(7), 3203(a)(7) (2016) – Employer failed to provide training and instruction on how to hitch a trailer to a truck when both were on an incline.
HAULAGE AND EARTH MOVING – HAULAGE VEHICLE OPERATION, PARKING BRAKES
Cal. Code Regs, tit. 8, § 1593(h) (2016) – Employer failed to ensure that a trailer parked on an incline had its wheels chocked and a parking brake set, or otherwise was prevented from moving, by effective mechanical means. The Board upheld the serious, accident-related classification and affirmed the Division’s proposed penalty.
Digest of COSHAB’s Decision After Reconsideration dated February 22, 2016, Docket Nos. 13-R1D2-3851 through 3854.
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