38 COR 40-6549 [¶ 21,782R]
CITATION - EMPLOYER USING FICTITIOUS BUSINESS NAME
The ALJ rejected Employer’s contention that it was not properly cited under its true legal name, but under its fictitious business name, and therefore a non-entity was cited. Use of the fictitious business name did not create a separate legal entity, and Employer had proper notification of the charge.
SAFETY ORDER - APPLICABILITY
Cal. Code Regs, tit. 8, § 3999(c) (2011) - Employer’s argument that a general industry safety order was not applicable because a mine safety order covered the same general issue regarding conveyors, was rejected. The mine safety orders did not cover the specific requirement that the cited general industry safety order did. There was no inconsistency between safety orders; the silence of the mine orders on the subject meant that the general industry order took precedence.
CONVEYORS - HEADROOM CLEARANCE
Cal. Code Regs, tit. 8, § 3999(c) (2011) - The conveyor headroom clearance requirement in the cited general industry safety orders was applicable to Employer’s quarry operation because the mine safety orders did not contain requirements that were as specific.