46 COR 40-8165 [¶22,947R]

GENERAL PHYSICAL CONDITIONS AND STRUCTURES ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP), PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARD Cal. Code Regs, tit. 8, §§ 3203(a)(4), (a)(6) (2019) – The Appeals Board reversed the ALJ’s finding that Employer failed to identify, evaluate and correct workplace hazards to on-foot employees. Employer had a comprehensive IIPP and conducted regular facility audits to identify and correct hazards. The Board concluded that Employer’s IIPP, as a whole, was effective and implemented. ACCESS, WORK SPACE, AND WORK AREAS – AISLES, WALKWAYS, AND CRAWLWAYS, PERMANENT AISLES, LADDERS, STAIRWAYS AND WALKWAYS KEPT REASONABLY CLEAR AND IN GOOD REPAIR Cal. Code Regs, tit. 8, § 3272(c) (2019) – Employer failed to define walkways with clearly marked painted lines, a serious, accident-related violation. The Appeals Board rejected Employer’s contention that the safety order is unconstitutionally vague, and that Employer lacked notice that it applied to its outdoor yard. CONSTRUCTION SAFETY ORDERS – WARNING METHODS, WORKERS ON FOOT Cal. Code Regs, tit. 8, § 1592(e) (2019) – Employer failed to implement control procedures to ensure that a tow tractor operator knew of the location of employees on foot within the vicinity of the equipment. Because of this lack of control or warning procedures, the driver of a tow vehicle was unaware of a nearby pedestrian. A serious, accident-related violation was affirmed.

Digest of COSHAB’s Decision After Reconsideration dated May 28, 2019, Inspection No. 1116529.


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