37 COR 40-6495 [¶ 21,730R]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2010) - Employer did not engage in diligent inquiry to determine the nature of an employee’s injury. The Board sustained the violation and affirmed the ALJ’s decision to assess the full $5,000 penalty.
FORKLIFTS - DEFICIENT FORKLIFT PLATFORM USED TO ELEVATE EMPLOYEES
Cal. Code Regs, tit. 8, §§ 3657(a), 3657(d), 3657(i) (2010) - The ALJ properly upheld forklift safety violations cited against Employer.
DEFENSES - INDEPENDENT EMPLOYEE ACT (IEAD)
The ALJ properly concluded that Employer failed to establish all elements of the IEAD.
Apparent inaccuracies in the ALJ’s financial hardship analysis were not sufficient to overcome the conclusion that Employer was not entitled to further penalty reduction.