49 COR 40-9083 [¶23,411]
INJURY AND ILLNESS PROTECTION PROGRAM - Title 8, California Code of Regulations, §3203(a)(4) and (a)(7) The proffered evidence showed Employer had procedures for identifying hazards and implemented them with respect to the work that gave rise to the accident. There was no evidence that Employer failed to provide adequate training its employees. HAZARDOUS ENERGY CONTROL - Title 8, California Code of Regulations, §3314(d) The proffered evidence showed Employer failed to prevent the inadvertent release of hazardous stored energy, resulting in the uncontrolled ascent of the elevator car. Title 8, California Code of Regulations, §3314(g) The proffered evidence showed Employer did not follow its own written procedures. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption. REPEAT VIOLATION Title 8, California Code of Regulations, §334(d) Citation 3 was properly classified as a Repeat violation as employees were exposed to the same hazard as a citation finalized by operation of law in Oct. 2018. ABATEMENT Employer provided insufficient evidence to assert that complying with the requirements of the safety order cited in Citation 3 was unreasonable. ASSESSMENT OF CIVIL PENALTIES - Citation 1 was dismissed. Citations 2 and 3 were affirmed, and penalties were assessed.Digest of COSHAB ALJ’s Decision dated May 26, 2026, Inspection No. 1460783 (La Jolla)
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