S & S SERVICES

By: Rick Waldinger

37 COR 40-6451 [¶ 21,683]

PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2010) - Employer, a small business with two employees, failed to report a serious injury to the Division. The ALJ deemed a $4,700 penalty reasonable. 

MACHINERY AND EQUIPMENT - MAINTAINING AS RECOMMENDED BY MANUFACTURER
Cal. Code Regs, tit. 8, § 3328(b) (2010) - The safety order did not apply to the cited condition. However, the §3328(b) violation was established by operation of law, because Employer did not raise its existence in its appeal form or move to amend the form to raise that issue.

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