49 COR 40-8937 [¶23,337]
PROVISION OF HANDRAILS - Title 8, California Code of Regulations, §1626(c)(1)(A) – The Division did not meet its burden of proof by a preponderance of the evidence to demonstrate that Employer failed to provide at least one handrail for stairways having four or more risers. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) – The Division met its burden to prove by a preponderance of the evidence that Employer did not implement and maintain an effective injury and illness prevention program by failing to provide training and instruction and enforce safe methods of using a circular saw. AFFIRMATIVE DEFENSES - LABOR CODE §6317 – The evidence showed that the Division’s citation was written with sufficient particularity and provided sufficient notice of the substance of the alleged violation. Employer failed to show prejudice. INDEPENDENT EMPLOYEE ACTION DEFENSE – Employer failed to establish all five elements of the defense. CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432(a) and (c) Employer failed to rebut the presumption of a serious citation. As a result, the citation was properly classified as serious. ABATEMENT CREDIT – Title 8, California Code of Regulations, §336(e)(2) – Employer was not entitled to abatement credit as it did not timely submit proof of abatement. ASSESSMENT OF CIVIL PENALTIES - Citation 1 was dismissed by the ALJ and the penalty was vacated. Citation 2 was affirmed and its proposed penalty assessed.Digest of COSHAB ALJ’s Decision dated May 16, 2025, Inspection No. 1436014 (Los Angeles)
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