40 COR 40-6989 [¶22,260]
EMPLOYERS’ OBLIGATION TO PROVIDE INFORMATION TO EMPLOYEES – CONTENTS AND POSTING REQUIREMENTS OF CAL/OSHA NOTICE
Cal. Code Regs, tit. 8, § 340 (2013) – Employer did not post the Cal/OSHA Notice. However, the Division did not establish that Employer received it before the inspection and, thus, failed to establish a violation.
PENALTIES – FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2013) – Employer failed to report a serious injury to the Division.
AIR TANKS – PERMITS TO OPERATE
Cal. Code Regs, tit. 8, § 461(c) (2013) – Employer had a permit for its air tank, but did not post the permit.
ELECTRICAL INSTALLATIONS – WORK SPACE ABOUT ELECTRIC EQUIPMENT
Cal. Code Regs, tit. 8, § 2340.16(c) (2013) – The space around Employer’s electrical panels was used for storage and was insufficient to permit ready and safe operation.
ELECTRICAL INSTALLATIONS – IDENTIFICATION OF EQUIPMENT
Cal. Code Regs, tit. 8, § 2340.22(a) (2013) – Electrical circuit breakers were not marked for their purpose, which was not evident.
INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – RECORDS OF INSPECTIONS AND DOCUMENTATION OF SAFETY AND HEALTH TRAINING
Cal. Code Regs, tit. 8, §§ 3203(b)(1) and (2) (2013) – Employer did not maintain records of scheduled and periodic inspections, nor did it keep all required training records.
EMERGENCY ACTION PLAN – TRAINING
Cal. Code Regs, tit. 8, § 3220(e)(3) (2013) – Employer did not train employees on its emergency action plan.
WARNING SIGNS – AIR COMPRESSOR
Cal. Code Regs, tit. 8, § 3320 (2013) – Employer did not post a warning that its air compressor machine could start automatically at any time, but the Division did not establish employee exposure to the hazard.
INDUSTRIAL TRUCKS – SEAT BELTS
Cal. Code Regs, tit. 8, § 3653(a) (2013) – Employer’s employees operated a forklift without a seat belt.
FORKLIFTS – OPERATING RULES POSTED
Cal. Code Regs, tit. 8, § 3664(a) (2013) – Employer’s employees operated forklifts, but no forklift operating rules were posted.
HAZARD COMMUNICATION – HAZARD COMMUNICATION PROGRAM (HCP), MATERIAL SAFETY DATA SHEET (MSDS) FOR ALL HAZARARDOUS SUBSTANCES AND TRAINING REQUIREMENT
Cal. Code Regs, tit. 8, §§ 5194(e)(1), 5194(g)(8), 5194(h)(2)(2013) – Employer failed to have a complete written hazard communication program, MSDSs for all hazardous substances or training on its HCP.
FIRE PROTECTION – PORTABLE FIRE EXTINGUISHERS
Cal. Code Regs, tit. 8, § 6151(c)(1) (2013) – Employer’s portable fire extinguisher was not readily accessible to employees.
EMPLOYER RECORDS OF OCCUPATIONAL INJURY OR ILLNESS – PROVIDING RECORDS TO GOVERNMENT REPRESENTATIVES
Cal. Code Regs, tit. 8, § 14300.40(a) (2013) – Employer did not timely provide documents to an authorized government representative.
HAZARDOUS ENERGY CONTROL – WRITTEN ENERGY CONTROL PROCEDURES
Cal. Code Regs, tit. 8, § 3314(g) (2013) – Employer did not have written energy control procedures for an edge bander or other equipment.
HAZARDOUS ENERGY CONTROL – CLEANING, SERVICING AND ADJUSTING OPERATIONS
Cal. Code Regs, tit. 8, § 3314(c) (2013) – An employee engaged in a cleaning operation on Employer's edge bander machine. Before he cleaned, the power source was not locked out and the moveable parts were not blocked out to prevent inadvertent movement. The Division established a serious, accident-related violation.
FINANCIAL HARDSHIP – NOT ESTABLISHED
Employer failed to establish financial hardship sufficient for penalty reduction.