46 COR 40-8130 [¶22,918R]
CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), TRAINING AND INSTRUCTION WHENEVER NEW SUBSTANCES, PROCESSES, PROCEDURES, OR EQUIPMENT INTRODUCED TO WORKPLACE AND REPRESENT NEW HAZARD Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7)(D) (2019) – The Division failed to establish that Employer did not have a proper IIPP in effect regarding training for constructing and installing “donkey stands” that were used to transport building materials onto elevated residential roof locations. Use of such stands did not constitute a new process or procedure at the worksite. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), PROCEDURES FOR IDENTIFYING AND EVALUATING WORK PLACE HAZARDS WHENEVER NEW SUBSTANCES, PROCESSES, PROCEDURES, OR EQUIPMENT INTRODUCED TO WORKPLACE THAT REPRESENT NEW OCCUPATIONAL SAFETY AND HEALTH HAZARD Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4)(B) (2019) – The Division failed to establish that Employer did not identify and evaluate hazards associated with transporting building materials onto elevated residential roof locations. The Division failed to show that the procedures at issue were new. CONSTRUCTION SAFETY ORDERS – PERSONAL FALL ARREST SYSTEMS, PERSONAL FALL RESTRAINT SYSTEMS AND POSITIONING DEVICES Cal. Code Regs, tit. 8, § 1670(a) (2019) – The Division established the injured employee was not utilizing personal fall protection during work that exposed him to a fall of over 7.5 feet from an unprotected edge, a serious violation. Employer failed to establish the independent employee action defense.Digest of COSHAB’s Decision After Reconsideration dated March 12, 2019, Inspection No. 1097751.
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