TESLA, INC. DBA TESLA MOTORS, INC.

49 COR 40-8889 [¶23,313]

INJURY AND ILLNESS PREVENTION PROGRAM - Title 8, California Code of Regulations, §3203(a) – Employer failed to implement an effective IIPP that included procedures for identifying, evaluating, and correcting hazards. EXCAVATION - PROTECTION Title 8, California Code of Regulations, §1541(l)(2) - Employer failed to ensure there was an adequate barrier physical protection at all remotely located excavations, including wells, pits, and shafts. MULTI-EMPLOYER WORKSITE – Title 8, California Code of Regulations §§336.10  - Employer failed to show that it acted with due diligence in relation to the violation and, thus, did not establish the affirmative defense available only to controlling employers. VIOLATION - SERIOUS CLASSIFICATION Labor Code §6432(a) – The Division established a rebuttable presumption that Citation 2 was properly classified as Serious.  ACCIDENT RELATED CHARACTERIZATION The proffered evidence showed Employer failed to ensure the hazard of the excavation holes was corrected and, thus, caused the serious injury. ASSESSMENT OF CIVIL PENALTIES Citations 1 and 2 were affirmed, and the proposed penalties were assessed.  

Digest of COSHAB ALJ’s Decision dated November 27, 2024, Inspection No 1454931 (Fremont)

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