49 COR 40-8585 [¶23,197]
TIMELY REPORTING OF SERIOUS INJURY Cal. Code Regs, tit. 8, § 342(a) (2019) – It was uncontroverted the injured employee suffered his injury on September 10, 2019, at approximately 7:30 a.m. and that Employer reported the injury on September 11, 2019, at approximately 4:15 p.m. The Division established by a preponderance of the evidence that Employer did not timely report the injury. INJURY AND ILLNESS PREVENTION PROGRAM - Records of the steps taken to implement and maintain the Program California Code of Regulations, title 8, § 3203(b)(2) (2019) – Employer did not qualify for a substantial compliance exception to the regulation. The Division established by a preponderance of the evidence that Employer failed to provide trainer identities and training dates in training records as required by § 3203(b)(2). EMPLOYERS REPORT OF OCCUPATIONAL INJURY – COMPLETE REPORT Cal. Code Regs, tit. 8, § 14001(a) (2019) – Although there was nothing in the safety order that specifically defined “complete” its inclusion specifies that the report (Form 5020) must be answered in its entirety. INJURY AND ILLNESS PREVENTION PROGRAM - PROCEDURE TO INVESTIGATE OCCUPATIONAL INJURY California Code of Regulations, title 8, § 3203(a)(5) (2019) – Despite Employer’s tardy production of its “Injury/ Illness Investigation Form #008” the form provided documentation that Employer implemented the six-step investigation procedure contained in its IIPP. Employer’s appeal was granted and the Citation was vacated. INJURY AND ILLNESS PREVENTION PROGRAM - PROVIDING TRAINING AND INSTRUCTION California Code of Regulations, title 8, § 3203(a)(7) (2019) – The Division did not establish by a preponderance of the evidence that Employer failed to provide training and instruction on use of the disc grinder. Employer’s appeal was granted and the Citation was vacated. PERSONAL SAFETY DEVICES AND SAFEGUARDS – HAND PROTECTION California Code of Regulations, title 8, § 3384(b) (2019) – The Division did not overcome either the injured employee’s credited testimony or the photographic evidence showing the glove fit well, and did not, and likely could not, become entangled. Thus, it was found that the glove created no entanglement hazard. Employer’s appeal was granted the Citation was vacated. ASSESSMENT OF CIVIL PENALTIES California Code of Regulations, title 8, § 336(a) (2019) – for the three Regulatory Violations affirmed by the ALJ, a total of $5,400 in penalties, as adjusted by the ALJ, was assessed. The Employer was credited with a 10 percent reduction for History for each of these penalties. Proposed penalties for the vacated violations totaled $40,900.Summary of COSHAB-ALJ’s Decision dated August 24, 2022, Inspection No. 1437436 (Kansas City, MO)
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