49 COR 40-8795 [¶23,280]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §3203(a)(2) The evidence proffered showed Employer demonstrated that it have a system to ensure that its employees complied with safe and healthy work practices. PERSONAL FALL PROTECTION SYSTEM - Title 8, California Code of Regulations, §1670(a) –Evidence proffered by the Division demonstrated that Employer failed to ensure that employees exposed to a fall of over 7 1/2 feet wore an approved personal fall protection system. LADDERS – CARE, USE, INSPECTION and MAINTENANCE Title 8, California Code of Regulations, §1675(b) with reference to §3276, subdivision (e)(11) and (e)(15)(E) - The evidence proffered at hearing demonstrated that Employer  failed to select the appropriate ladder to access attic space at the job site, failed to ensure that an employee used a ladder that extended at least 36 inches above the attic landing surface; and failed to ensure that an employee working on a step ladder did not step or stand on the topcap of the ladder. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD): Employer failed to prove all five elements of the IEAD, the defense failed. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code §6432(c) – Employer successfully rebutted the presumption that Citations 2 and 3 were properly classified as Serious by demonstrating that it did not know, and could not, with the exercise of reasonable diligence, have known of the existence of the violations. ASSESSMENT OF CIVIL PENALTIES – Citation 1, Item 1, was not affirmed and the penalty was vacated.  All other citations were affirmed. Penalties for Citation 1, Item 2 and 3 were assessed as reasonable.  Citations 2 and 3 were reclassified, and the associated penalties were amended and assessed.

Digest of COSHAB ALJ’s Decision dated February 27, 2024, Inspection No 1355061.


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