49 COR 40-9115 [¶23,428]
FIRST AID and CPR – Title 8, California Code of Regulations, §3421(m) Employer failed to ensure that Employees were trained in first aid and CPR within 90 days of their hire dates. TREE FELLING - Title 8, California Code of Regulations, §3427(c)(3)(B) Employer did not ensure a conventional notch, open-faced notch or Humboldt notch was used to fell a 25 inch in diameter Douglas Fir. Title 8, California Code of Regulations, §3427(c)(3)(D) Employer failed to ensure an employee’s back cut did not penetrate the predetermined hinge area where a tree was felled. Title 8, California Code of Regulations, section 3427(b)(2) Employer failed to ensure the duties were so organized so that the actions of one employee did not create a hazard for other employees. Title 8, California Code of Regulations, section 3427(c)(4) Employer failed to ensure that non-involved personnel were safely out of range before tree felling. UNFORESEEABLE EMPLOYEE ACTION DEFENSE – Employer could not avail itself of the affirmative defense because a Employer committed the violation. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The proffered evidence showed that Citations 2 through 5 were properly classified as Serious. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citations 1 through 5 were affirmed, and the proposed penalties were assessed.Digest of COSHAB ALJ’s Decision dated Sept. 1, 2026, Inspection No. 1633708 (Pollock Pines)
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