37 COR 40-6448 [¶ 21,680R]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 3203(a) (2010) - The record established that Employer’s IIPP did not identify a person with authority and responsibility for implementing the plan, and lacked methods of abatement for correcting imminent hazards. Employer did not rebut the Division’s evidence.
HEARING - EVIDENCE RULES
B oard reg. §376.2 (2010) - The ALJ should have exercised her discretion to exclude or limit admission of a 350-page IIPP, but was obligated to review the entire document once it was admitted without restriction. However, that did not constitute reversible error.
ELECTRICAL HIGH VOLTAGE - CLEARANCES FROM ENERGIZED EQUIPMENT
Cal. Code Regs, tit. 8, § 2940.2(a) (2010) - The ALJ properly weighed the evidence and applied the proper legal standard when she concluded that Employer failed to show that it could not have known, through reasonable diligence, that an employee would enter an energized zone.
CITATION - SIX-MONTH LIMITATIONS PERIOD
LAB. 6317, 6319 (2010) - The citations were issued within six months of the Division receiving a report of the injury and were, therefore, timely.
JURISDICTION - SANCTIONS
Board reg. § 381 (2010) - The Board lacked the power to impose sanctions where the matter had been submitted for decision. Moreover, the Division’s conduct in offering untimely rebuttal evidence was not unreasonable under the circumstances.