37 COR 40-6475 [¶ 21,707]
INSPECTION - RIGHT TO ACCOMPANY INSPECTOR
LAB. § 6314 (2010) - Employer had the opportunity to accompany Division inspectors and did so for part of the inspection. Employer did not show any prejudice as a result of its representative’s intermittent absences.
EMPLOYER STATUS - DUAL EMPLOYER
A dual employer situation existed. Thus, the Division could cite Employer as a special employer.
ESTOPPEL - RELIANCE ON PRIOR INSPECTION
The ALJ denied Employer’s defense of collateral estoppel based on a previous inspection by Cal/OSHA Consultation.
EMPLOYERS’ OBLIGATION TO PROVIDE INFORMATION TO EMPLOYEES - CAL/OSHA NOTICE
Cal. Code Regs, tit. 8, §340(a) (2010) - Employer did not post the Cal/OSHA poster.
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, §342(a) (2010) - Employer’s employee was hospitalized for more than 24 hours for more than observation. Employer did not report a serious injury to the Division.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, §3203(a) (2010) - Employer had a written IIPP, but it was missing some required elements.
ELECTRICAL INSTALLATIONS - DETERIORATING AGENTS
Cal. Code Regs, tit. 8, 2340.11(a)(2) (2010) - Employer’s employees were exposed to the hazard of a metal box subject to a deteriorating agent.
ELECTRICAL INSTALLATIONS - OPENINGS (REPEALED)
Cal. Code Regs, tit. 8, 2340.23 (2010) - The Division did not establish a violation of the cited safety order.
FLEXIBLE CORDS AND CABLES - SPLICES
Cal. Code Regs, tit. 8, 2500.9(a) (2010) - Employees were exposed to the hazard of a spliced electrical cord.
PHYSICAL CONDITIONS AND STRUCTURES - STANDARD GUARDRAILS
Cal. Code Regs, tit. 8, 3209(a) (2010) - Employees were exposed to the hazard of missing guardrails.
PHYSICAL CONDITIONS AND STRUCTURES - ELEVATED LOCATIONS
Cal. Code Regs, tit. 8, 3210(b) (2010) - Employees were exposed to the hazard of no guardrails.
PHYSICAL CONDITIONS AND STRUCTURES - MAINTENANCE AND ACCESS TO EXITS
Cal. Code Regs, tit. 8, 3225(a)(1) (2010) - The Division acknowledged that there was an unblocked exit door. Therefore, the exit at issue was not a “required exit” within the meaning of §3207(a), and §3225(a)(1) did not apply.
ACCESS, WORK SPACE, AND WORK AREAS - PORTABLE METAL LADDERS
Cal. Code Regs, tit. 8, § 3279 (2010) - Employees were exposed to the hazard of a ladder that was not maintained or checked prior to use. The Division established a violation of §3279(d)(2).
ACCESS, WORK SPACE, AND WORK AREAS - CARE, USE AND MAINTENANCE OF LADDERS
Cal. Code Regs, tit. 8, § 3279(d)(5) (2010) - Employees were exposed to the hazard of a damaged ladder that was not marked and taken out of service.
MOBILE LADDER STANDS AND SCAFFOLDS (TOWERS) - WHEELS OR CASTERS
Cal. Code Regs, tit. 8, § 3622(g)(3) (2010) - Employees were exposed to the hazard of a rolling tower ladder without locking casters that worked.
FORKLIFTS - OPERATOR IN CONTROL POSITION WHILE EMPLOYEES ON ELEVATED PLATFORM
Cal. Code Regs, tit. 8, § 3657(d) (2010) - An employee was exposed to the hazard of being on a platform elevated by a forklift without an operator at the controls of the forklift.
FORKLIFTS - OPERATING RULES WHENEVER ELEVATING PERSONNEL
Cal. Code Regs, tit. 8, § 3657(i) (2010) - Employees were not trained on how to elevate employees using a platform raised by forklift.
POWERED INDUSTRIAL TRUCK OPERATOR TRAINING - SAFE OPERATION
Cal. Code Regs, tit. 8, § 3668(a)(2) (2010) - Employees were not given training on forklift operation.
POWERED INDUSTRIAL TRUCK OPERATOR TRAINING - CERTIFICATION
Cal. Code Regs, tit. 8, § 3668(f) (2010) - Employer did not certify its forklift operators.
FORKLIFTS - PLATFORM NEAREST MAST FRAME NOT COMPLETELY GUARDED
Cal. Code Regs, tit. 8, § 3659(a) (2010) - Employees were exposed to the hazard of a forklift platform nearest the mast frame that was not completely guarded when employees were elevated.
FORKLIFTS - DEFICIENT FORKLIFT PLATFORM USED TO ELEVATE EMPLOYEES
Cal. Code Regs, tit. 8, § 3657(a) (2010) – Employer’s employees were exposed to the hazard of being lifted by a forklift with a deficient platform. However, the Division did not establish that the injury accident was caused by the violation.
FINANCIAL HARDSHIP
Employer did not establish that further penalty reduction was warranted on the basis of financial hardship.