SZEMENYEI CONSTRUCTION, INC.

By: Rick Waldinger

38 COR 40-6532 [¶ 21,767]

PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2010) - Employer withdrew its appeal; thus, a regulatory violation was established by operation of law. However, the ALJ reduced the proposed penalty, based on several factors. 

CRANES AND OTHER HOISTING EQUIPMENT - SLINGS
Cal. Code Regs, tit. 8, § 5042(a)(9) (2010) - Employer did not appeal the existence of a violation for failure to keep an employee clear of a suspended load. The Division established that serious physical harm was more likely than not in the event of an accident caused by the violation and that Employer knew of the violative condition.

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