36 COR 40-6337 [¶ 21,544]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2009) - The Division failed to establish that the employee suffered a serious injury during his employment with Employer.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - SYSTEM FOR COMMUNICATING WITH EMPLOYEES
Cal. Code Regs, tit. 8, § 3203(a)(3) (2009) - Employer did not have an injury and illness prevention program at the time of the employee’s injury. The IIPP that Employer submitted more than a year after the injury was insufficient.
HAZARDOUS ENERGY CONTROL - LOCKOUT/TAGOUT
Cal. Code Regs, tit. 8, § 3314(g)(2)(A) (2009) - The Division established that Employer was required to have a hazardous energy control procedure. Employer admitted that it performed lockout/tagout as required by §4242.
FOOT PROTECTION
Cal. Code Regs, tit. 8, § 3385(a) (2009) - Employer was required to make its employees wear safety shoes. However, the Division failed to prove that Employer was required to pay for its employee’s safety shoes.
POWERED INDUSTRIAL TRUCK OPERATOR TRAINING - FORKLIFT
Cal. Code Regs, tit. 8, §§ 3668(a)(1), 3668(a)(2) and 3668(f) (2009) - The Division established that untrained and non-certified employees operated Employer’s forklifts. Employer failed to establish independent employee act and lack of knowledge affirmative defenses.
HAZARDOUS ENERGY CONTROL - REPAIR WORK AND SETTING-UP OPERATIONS
Cal. Code Regs, tit. 8, § 3314(d) (2009) - Employer demonstrated that a more specific safety order applied.
HAZARDOUS ENERGY CONTROL - SCOPE OF SAFETY ORDER
Cal. Code Regs, tit. 8, § 3314(g)(1) (2009) - The Division cited Employer under a regulation that addresses work on a prime mover. The injury occurred during normal production operations. The Division improperly sought to expand the reach of §3314 into all areas of forging production and operations.