48 COR 40-8497 [¶23,156]
OCCUPATIONAL INJURY OR ILLNESS REPORTS AND RECORDS – EMPLOYER RECORDS OF OCCUPATIONAL INJURY OR ILLNESS, CAL/OSHA FORM 300 Cal. Code Regs, tit. 8, § 14300.29(b)(1) (2021) – Employer failed to provide all information to complete one entry on its Form 300, a regulatory violation. The ALJ reduced the proposed penalty based on the penalty adjustment factors. GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, FORKS CARRIED AS LOW AS POSSIBLE Cal. Code Regs, tit. 8, § 3650(t)(15) (2021) – Employer failed to ensure forks on a forklift were carried as low as safely possible, a general violation. The ALJ reduced the proposed penalty based on the penalty adjustment factors. GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, OPERATOR RESTRAINT SYSTEM, SEAT BELT Cal. Code Regs, tit. 8, § 3650(t)(33) (2021) – The Division failed to establish Employer did not ensure a forklift operator wore a seat belt. SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT NOT USED OR OPERATED UNDER CONDITIONS OF SPEED, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS Cal. Code Regs, tit. 8, § 3328(a)(2) (2021) – Employer failed to ensure load conditions conformed to the manufacturer’s recommendations. The ALJ reclassified the penalty from serious to general and reduced the penalty. GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, GRADES ASCENDED OR DESCENDED SLOWLY Cal. Code Regs, tit. 8, § 3650(t)(14)(A) (2021) – Employer failed to ensure a forklift’s descent on a ramp in excess of 10 percent grade was performed with the load positioned upgrade. The ALJ reduced the proposed penalty based on the penalty adjustment factors. GENERAL MOBILE EQUIPMENT AND AUXILIARIES –INDUSTRIAL TRUCKS, TRACTORS, HAULAGE VEHICLES, AND EARTHMOVING EQUIPMENT OPERATED IN A SAFE MANNER, DRIVER’S VISION OBSTRUCTED Cal. Code Regs, tit. 8, § 3650(t)(11) (2021) – The Division failed to establish Employer did not ensure a forklift with an obstructed forward view was driven with the load trailing.Summary of COSHAB-ALJ’s Decision dated November 19, 2021, Inspection No. 1192534 (Oakland, CA).
Read More...