49 COR 40-8541 [¶23,177R]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, FOOT PROTECTION Cal. Code Regs, tit. 8, § 3385(a) (2022) – The Appeals Board affirmed the ALJ’s decision that Employer violated the safety order by failing to require appropriate foot protection for employees exposed to foot injuries from falling objects and crushing or penetrating actions, a serious, accident-related violation. Employees were exposed to the hazard of foot injuries from falling rebar from dropping rebar that they manually carried, and from elevated rebar that could fall from forklifts or pallets. Moreover, the injured employee actually was exposed to foot injuries from crushing or penetrating actions as the result of accidental contact with a moving forklift. Employer failed to require appropriate foot protection meeting the specifications and standards referenced in §3385(c), nor did it demonstrate ASTM-compliant foot protection would not offer any protection, or that it would be inappropriate for the workplace hazards.

Digest of COSHAB’s Decision After Reconsideration dated April 25, 2022, Inspection No. 1290766.


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