49 COR 40-8617 [¶23,212]

INJURY AND ILLNESS PROTECTION PLAN – TRAINING REQUIREMENTS California Code of Regulations, title 8, § 3203(a)(7) (2017) –Providing training and instruction to employees must include training on hazards.  While Employer instructed employees on the removal of a mechanical dock leveler at a demolition site, the ALJ found it did not adequately train in the hazards associated with that removal. SAFETY INSTRUCTION FOR EMPLOYEES – RECOGNITION OF HAZARDS California Code of Regulations, title 8, § 1510(c) (2017) – Employees must be instructed in the recognition of hazards, in the procedures for protecting themselves from injury, and in the first aid procedure in the event of injury. DEMOLITION – DEFINITION OF STRUCTURE California Code of Regulations, title 8, § 1504 (2017) – The ALJ found a mechanical dock leveler to be a “structure” for purposes of  applicability of  safety orders relating to demolition. 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. DEFENSES – INDEPENDENT EMPLOYEE ACTION The Independent Employee Action affirmative defense (IEAD) is premised upon an employer’s compliance with non-delegable statutory and regulatory duties. The Employer failed to discharge its non-delegable duties and as such could not maintain an IEAD. DEFENSES – UNFORESEEABLE EXTREME DEPARTURE DEFENSE (UEDD) The Unforeseeable Extreme Departure Defense (UEDD) requires, in part, that an employee engaged in an extreme departure from the scope of a reasonable understanding of assigned work duties.  Employer failed to demonstrate an extreme departure by the employee and as such failed to successfully assets a UEDD. ASSESSMENT OF CIVIL PENALTIES The Citations, including a classification of one violation as Serious-Accident Related due to a fatal accident, were affirmed and associated penalties of $18,785 were assessed.

Summary of COSHAB-ALJ’s Decision dated October 28, 2022, Inspection No. 1203336 (Pomona, CA)


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