48 COR 40-8489 [¶23,151]

CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, § 1509(a) (2021) – Employer failed to implement its IIPP by not providing training to an employee performing a new job assignment, a serious, accident-related violation. SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT NOT USED OR OPERATED UNDER CONDITIONS OF SPEED, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS Cal. Code Regs, tit. 8, § 3328(a)(2) (2021) – The Division failed to establish Employer violated the safety order because there was no evidence of which chain binder was used at the time of the accident or the manufacturer’s recommendations for that chain binder.

Summary of COSHAB-ALJ’s Decision dated October 5, 2021, Inspection No. 1342017 (Berkeley, CA).


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