36 COR 40-6258 [¶ 21,458]
The injured worker was not an independent contractor. Employer had the employee “in service,” maintained the ability to abate conditions, and exercised complete control over the activities of the injured worker.
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2009) - Employer failed to report a serious injury to the Division. A $4,000 penalty was deemed reasonable under the circumstances.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 1509(a) and (b) (2009) - Employer did not present evidence that it had an IIPP or made readily available a code of safe practices at the worksite. The Division established violations, but they were not widespread.
FALL PROTECTION - COMPLIANCE WITH MORE SPECIFIC ALTERNATIVE
Cal. Code Regs, tit. 8, § 1670(a) (2009) - There was no evidence that the injured worker was working “at the perimeter of a structure,” leading edge, or any other location covered by the cited safety order. Section 1669(a) applies to specific components of construction, work from “thrustouts,” such as trusses, beams, etc.; however, the Division did not cite that safety order.
The proposed penalties were not excessive or unreasonable in view of Employer’s financial condition.