THREE-D SERVICES CO, INC.

49 COR 40-8640 [¶23,224R]

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – WAIVER OF DEFENSES Labor Code § 6618 (2022) -  Having conceded that an actual causal nexus exists by not disputing the violation was Accident-Related, the Employer cannot plausibly deny that there was a realistic possibility that the violation could lead to death or serious physical harm. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – CITATION OF AUTHORITY ALJ decisions are not citable authority. Furthermore, an ALJ finding that the Division did not meet its burden on the issue of causation in another case has no bearing on whether the Division met its burden under Labor Code § 6432(a)(2)), in the instant case.  SERIOUS VIOLATION -  REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) (2022) – The Board need only conclude there is realistic possibility that death or serious physical harm could result, not that it actually resulted. DEMOLITION – REQUIRED SURVEY OF STRUCTURE California Code of Regulations, title 8, § 1734(b)(1) (2017) – Prior to permitting employees to start demolition operations, a qualified person must make a survey of the structure to determine its condition. Employer did not include the mechanical dock leveler in its survey.

Digest of COSHAB’s Denial of Petition for Reconsideration dated January 20, 2023, Inspection No 1203336.

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