49 COR 40-9071 [¶23,403]
INJURY AND ILLNESS PROTECTION PROGRAM - Title 8, California Code of Regulations, §3203(b)(1) The proffered evidence showed the Division did not establish a violation of record-keeping requirements. HAZARDOUS ENERGY CONTROL - Title 8, California Code of Regulations, §3314(g) The proffered evidence showed the Division did not establish a violation of written energy control procedures. Title 8, California Code of Regulations, §3314(c)(1) The proffered evidence showed Employer was not in compliance with the exception to the lockout/tagout requirements. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The proffered evidence showed that Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Items 1 and 2, were dismissed. Citation 2 was affirmed and the adjusted penalty was assessed.Digest of COSHAB ALJ’s Decision dated April 27, 2026, Inspection No. 1552002 (Fremont)
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