37 COR 40-6409 [¶ 21,637]
EMPLOYER-EMPLOYEE STATUS
LAB. § 6304 (2010) - A state agency that conducted commercial enterprises within a state prison was an “employer” responsible for enforcement of health and safety standards within its furniture factory at the prison. Thus, it was not entitled to dismissal of the Division’s citations for lack of jurisdiction.
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2010) - With diligent inquiry, Employer would have known of an inmate’s serious injury approximately 32 hours after it occurred and 40 hours before it was reported to the Division. However, the circumstances warranted penalty reduction.
HAZARDOUS ENERGY CONTROL - WRITTEN PROCEDURES
Cal. Code Regs, tit. 8, § 3314(g)(2) (2010) - Employer failed to develop a written hazardous energy control procedure for its edgebander machine.
HAZARDOUS ENERGY CONTROL - TRAINING
Cal. Code Regs, tit. 8, § 3314(j)(2) (2010) - Employer failed to train at least one affected employee on the hazardous energy control procedure. The violation was classified properly as serious, but the ALJ reduced the penalty because the hazard was very similar to another cited hazard.
HAZARDOUS ENERGY CONTROL - FAILURE TO DE-ENERGIZE AND BLOCK MACHINE WHILE CLEANING
Cal. Code Regs, tit. 8, § 3314(c) (2010) - The Division failed to show that any employee, other than one, was exposed to the hazard created by failure to mechanically block rotating blades inside a duct. That employee’s exposure was not reasonably predictable.