49 COR 40-8549 [¶23,179R]
JURISDICTION – EMPLOYMENT RELATIONSHIP Labor Code §§ 6303, 6304, 6304.1, 6307, 2750.5 (2022) – The tree work at issue was employment, not household domestic service. Thus, Employer was an “employer” for purposes of the citations issued by the Division, following a fatal injury accident. REGULATIONS OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH – REPORTING WORK-CONNECTED INJURIES Cal. Code Regs, tit. 8, § 342(a) (2022) – Employer failed to report an employee’s fatal injury to the Division, a regulatory violation. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, GENERAL, QUALIFIED TREE WORKER Cal. Code Regs, tit. 8, § 3421(b) (2022) – Employer violated §3421(b) by failing to ensure the work location where tree work was being done was under the direction of a qualified tree worker, a serious, accident-related violation. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, TRAINING AND INSTRUCTION Cal. Code Regs, tit. 8, § 3421(c) (2022) – Employer violated §3421(c) by failing to provide training and instruction to tree workers in hazards involved in the job, proper and safe use of all equipment, and other topics, a serious violation. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, JOB BRIEFING CONDUCTED BY QUALIFIED TREE WORKER BEFORE WORK ASSIGNMENT Cal. Code Regs, tit. 8, § 3421(f) (2022) – Employer violated §3421(f) by failing to ensure a job briefing was conducted by a qualified tree worker before tree work began, a serious violation. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, RESCUE PROCEDURES AND TRAINING IN EMERGENCY RESPONSE Cal. Code Regs, tit. 8, § 3421(l) (2022) – Employer violated §3421(l) by failing to establish rescue procedures and train tree workers on emergency response procedures, a serious violation. GENERAL PLANT EQUIPMENT AND SPECIAL OPERATIONS – TREE WORK, MAINTENANCE OR REMOVAL, SAFE WORK PROCEDURES, PRUNING, TRIMMING AND TREE REMOVAL OPERATIONS Cal. Code Regs, tit. 8, § 3427(b) (2022) – Employer violated §3427(b) by failing to establish and review a method of communication for tree workers and establish a drop zone, a serious, accident-related violation.Digest of COSHAB’s Decision After Reconsideration dated May 23, 2022, Inspection No. 1224802.
Read More...