WAL-MART STORES INC. STORE # 1692

46 COR 40-8222 [¶22,993R]

GENERAL PHYSICAL CONDITIONS AND STRUCTURES ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), METHODS AND/OR PROCEDURES FOR CORRECTING UNSAFE OR UNHEALTHY CONDITIONS, WORK PRACTICES AND WORK PROCEDURES Cal. Code Regs, tit. 8, § 3203(a)(6)(A) (2019) – The evidence did not support that Employer violated §3203(a)(6) by failing to correct unsafe or unhealthy working conditions, work practices, or work procedures, pursuant to its IIPP. The Division offered several theories in an effort to show Employer kept a bay door in an unsafe condition. However, the Appeals Board concurred with the ALJ that the Division failed to establish the cited violation. SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT, MAINTAINED IN SAFE OPERATING CONDITION Cal. Code Regs, tit. 8, § 3328(g) (2019) – The evidence did not support that Employer violated §3328(g) by failing to maintain, in a safe operating condition, machinery and equipment in service.

Digest of COSHAB’s Decision After Reconsideration dated November 4, 2019, Inspection No. 1195264.

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