49 COR 40-8649 [¶23,229]

DETERMINATION OF CITABLE EMPLOYER IN MUTLI-EMPLOYER WORKSITE – CONTROLLING EMPLOYER California Code of Regulations, title 8, § 336.10(b) (2019) – While contractual language can be relevant to determining if  Employer met the definition of “controlling employer,” the Employer’s actual practices at the worksite were also considered in finding Employer was a controlling employer for purposes of liability for the violation.  FLOOR, ROOF, AND WALL OPENING TO BE GUARDED – TEMPORARY RAILING AND TOEBOARDS OR BY COVERS California Code of Regulations, title 8, § 1632(b) (2019) – When a safety standard includes two or more distinct requirements, if an employer violates any one of the requirements, it is considered a violation of the safety standard. ASSESSMENT OF CIVIL PENALTIES The Citation, including a classification of Serious-Accident Related, was affirmed and associated penalty of $14,400 was assessed.

Summary of COSHAB-ALJ’s Decision dated January 26, 2023, Inspection No. 1405107 (Bakersfield, CA)


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