48 COR 40-8471 [¶23,140]

SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, HEAT ILLNESS PREVENTION IN OUTDOOR PLACES OF EMPLOYMENT, EMPLOYEE TRAINING Cal. Code Regs, tit. 8, § 3395(h)(1) (2021) – The Division failed to establish that Employer did not provide an employee with heat illness prevention training.   INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS Cal. Code Regs, tit. 8, § 3203(a)(4) (2021) – Employer failed to establish, implement and maintain an effective IIPP because it did not implement its own inspection procedures and because the IIPP lacked written provisions for training of employees and supervisors, a serious violation.   GENERAL PHYSICAL CONDITIONS AND STRUCTURES, STANDARD SPECIFICATIONS – FLOOR OPENINGS, FLOOR HOLES AND ROOFS, SKYLIGHTS Cal. Code Regs, tit. 8, § 3212(e) (2021) – The Division established Employer violated the safety order by failing to ensure employees who approached within six feet of unguarded skylights were protected from falling. However, the violation was the result of an unforeseeable extreme departure from the employee’s assigned duties and, thus, the citation was dismissed.   DEFENSES – UNFORESEEABLE EXTREME DEPARTURE Employer established the unforeseeable extreme departure defense, where an employee approached within six feet of an unguarded skylight without fall protection, an extreme departure from the scope of his work duties at the time of the fatal injury accident.

Summary of COSHAB-ALJ’s Decision dated August 16, 2021, Inspection No. 1327187 (Ontario, CA).


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