SHIMMICK-NICHOLSON CONSTRUCTION, A JOINT VENTURE

By: Rick Waldinger
44 COR 40-7877 [¶22,731R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – EFFECTIVE IIPP Cal. Code Regs, tit. 8, §§ 1509(a), 3203 (2017) – The incorporation within §1509(a) of a reference to §3203 was not a denial of due process to Employer, which had adequate notice of the Division’s allegations. Its onsite supervisor had discussed the potential hazards of of a static line with employees, in compliance with the safety order. The Board, consequently, vacated the citation. EXCAVATIONS – GENERAL REQUIREMENTS, SURFACE ENCUMBRANCES Cal. Code Regs, tit. 8, § 1541(a) (2017) – The Division failed to establish that a static line on an excavation was a surface encumbrance. The static line was located at a midway point within the trench, and not at the excavation’s top. Moreover, the Division further failed to demonstrate that the static line constituted a hazard to workers in the trench, requiring support or removal. As a result, the Board vacated the citation. Digest of COSHAB’s Decision After Reconsideration dated July 24, 2017, Inspection No. 1021893.Read More...

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