49 COR 40-8605 [¶23,205R]
INJURY AND ILLNESS PREVENTION PROGRAM - PROCEDURE TO INVESTIGATE OCCUPATIONAL INJURY California Code of Regulations, title 8, § 3203(a)(5) (2019) – the regulation does not require an investigation report be prepared or state when such a report must be submitted to the Division, but merely that the employer’s IIPP must “Include a provision to investigate [an injury or illness].” The Division did not meet its burden of proof to show a violation of the regulation and reconsideration of the ALJ’s decision vacating the citation was denied. INJURY AND ILLNESS PREVENTION PROGRAM - PROVIDING TRAINING AND INSTRUCTION California Code of Regulations, title 8, § 3203(a)(7) (2019) – the evidence established that the injured employee had been trained more than one year prior to the accident. The Board has held that training records are not required to be kept for longer than one year. The Division did not meet its burden of proof to show a violation of the regulation and reconsideration of the ALJ’s decision vacating the citation was denied. PERSONAL SAFETY DEVICES AND SAFEGUARDS – HAND PROTECTION California Code of Regulations, title 8, § 3384(b) (2019) – the uncontroverted evidence demonstrated that the gloves in question did not present an entanglement hazard and that the accident was not caused by entanglement of the glove with the grinder. The Division did not meet its burden of proof to show a violation of the regulation and reconsideration of the ALJ’s decision vacating the citation was denied.Digest of COSHAB’s Denial of Petition for Reconsideration dated November 9, 2022, Inspection No 1437436.
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