36 COR 40-6287 [¶ 21,487R]
Digest of COSHAB’s Decision After Reconsideration dated April 30, 2009, Docket No. 00-R1D3-2844.
INSPECTION - TIMELINESS
LAB. § 6309 (2009) - The Appeals Board agreed with the ALJ that the Division’s complaint-based inspection, conducted beyond the 14-day limit, was not prejudicial to Employer.
CITATION - TIMELINESS
LAB. § 6317 (2009) - The Appeals Board agreed with the ALJ that the Division’s citation was issued within the six-month statutory deadline because the cited violation was an ongoing condition, and Employer was not prejudiced by the length of time it took.
HAND PROTECTION - UNUSUAL AND EXCESSIVE EXPOSURES
Cal. Code Regs, tit. 8, § 3384(a) (2009) - The Division failed to prove that Employer violated the safety order or that the exposure in question was “unusual,” or “uncommon.”