49 COR 40-8801 [¶23,281]
INJURY AND ILLNESS PREVENTION PLAN Title 8, California Code of Regulations, §§3203(a)(4) and (a)(6) - The evidence proffered showed that the Employer did not effectively implement an IIPP, which included methods or procedures for correcting unsafe or unhealthy conditions, work practices, and work procedures. HAULAGE and EARTH MOVING OPERATION – WARNING METHODS Title 8, California Code of Regulations, §1592(e) - The evidence proffered showed that the Employer failed to implement sufficient controls for hauling operations to ensure vehicle operators were aware of the presence of workers on foot in the area of operation. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code §6432(c) – The evidence proffered showed that Employer failed to successfully rebut the presumption that Citation 2 was properly classified as Serious. ASSESSMENT OF CIVIL PENALTIES Citation 1 and Citation 2 were affirmed, and the proposed penalties were assessed.Digest of COSHAB ALJ’s Decision dated March 22, 2024, Inspection No 1349559 (Hayward, CA).
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