49 COR 40-8915 [¶23,322]
INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) and §3203(a)(6) – The proffered evidence showed the Employer failed to implement and maintain an effective Injury and Illness Prevention Program in terms of correcting unsafe conditions. SCAFFOLDING – Title 8, California Code of Regulations, §1621(b) - The proffered evidence showed Employer failed to ensure that standard toeboards were provided on all open sides and ends of railed scaffolding where employees were required to work under or pass under the scaffolding. SAFE USE OF LADDERS – Title. 8, California Code of Regulations, §3276(e)(15) – The Division established Employer failed to ensure that an employee that used a ladder to gain access to a scaffold platform did so without carrying a plaster hose, which prevented the safe use of the ladder. AFFIRMATIVE DEFENSE - INDEPENDENT EMPLOYEE ACT DEFENSE – Employer failed to establish the third and fifth elements and, therefore, did not met its burden of proof with regard to the affirmative defense of the IEAD. VIOLATION - SERIOUS CLASSIFICATION Labor Code §6432(a) – The Division established a rebuttable presumption that Citation 2 was properly classified as Serious. ACCIDENT-RELATED CHARACTERIZATION – The evidence established a causal nexus between the violation and the serious injury sufficient to sustain the accident-related character of Citation 2. ASSESSMENT OF CIVIL PENALTIES - The penalty for Citation 1, Item 1 was deemed duplicative and vacated by the ALJ. The penalties for Citation 1, Item 2 and Citation 2 were assessed as proposed.Digest of COSHAB ALJ’s Decision dated January 10, 2025, Inspection No 1549611 (Napa)
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