41 COR 40-7032 [¶22,297R]
EMPLOYER STATUS – PROPER ENTITY
The Board found that the ALJ erroneously concluded that the Division failed to prove that it had cited the proper employer. Thus, the ALJ’s decision granting Employer’s appeal was erroneous.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – SAFE WORK PRACTICES
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(2) (2013) – The Division failed to establish that Employer did not implement and maintain an IIPP by developing a program for ensuring that employees comply with safe and healthy work practices. The Board granted Employer’s appeal and vacated the penalty.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – NEW WORK PROCESSES
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4) (2013) – Employer failed to establish that it had conducted inspections as required by its own IIPP and safe work practices, and by §3203(a)(4). However, the Board found that the Division established a general, not a serious, violation.
TOWER SCAFFOLDS AND ROLLING SCAFFOLDS – CONSTRUCTION AND ERECTION
Cal. Code Regs, tit. 8, § 1646(b) (2013) – Although Employer argued that its fall protection system could substitute for railing, it failed to show that there was an acceptable means of tying off its fall protection system to a tower scaffold.
JURISDICTION – TIMELINESS OF CITATION
Labor Code § 6317 (2013) – The Board concluded that the citations were issued timely.