49 COR 40-8687 [¶23,246]

INJURY AND ILLNESS PREVENTION PROGRAM – California Code of Regulations, title 8, §3203(a)(4)  - the Division met its burden to show that Employer failed to effectively implement its duty to inspect,  identify, and evaluate the hazard of removing cement from inside of a cement hopper.  SERIOUS VIOLATION -  REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) – Failure to take all steps a reasonable and responsible employer should be expected to take before the violation occurs supports a finding that the employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTIES The Citation, including a classification of Serious-Accident Related, was affirmed and the proposed penalty of $18,000 was assessed.

Digest of COSHAB-ALJ’s Decision dated May 15, 2023, Inspection No. 1361815 (Rialto, CA)


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