49 COR 40-8969 [¶23,354]
SERIOUS INJURY REPORTING REQUIREMENTS - Title 8, California Code of Regulations, §342(a) – The evidence proffered established that Employer failed to timely report the serious injury. The penalty was adjusted by the ALJ. CONTROL OF HAZARDOUS ENERGY DURING CLEANING OPERATIONS - Title 8, California Code of Regulations, §3314(c) - The Division established that Employer failed to stop and de-energize or disengage machinery or equipment capable of movement, during cleaning, servicing and adjusting operations. MOTION TO AMEND CITATION - Title 8, California Code of Regulations, §371.2 – Amendment of a citation is permitted so long as the opposing party has an opportunity to demonstrate any prejudice. Here, the ALJ determined the citation amendment was proper. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 2 was properly classified as Serious Accident-Related as there was a causal nexus between the violation and the serious injury. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 1, was affirmed and the penalty was adjusted. Citation 2 was affirmed with the proposed penalty deemed reasonable.Digest of COSHAB ALJ’s Decision dated July 30, 2025, Inspection No. 1458699 (Hawthorne)
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