COR 40-8565 [¶23,187]
DUAL EMPLOYMENT Reviewing case law and Board precedent as it existed at the time of injury (2019), the Board found Employer to be a “dual employer” together with the staffing agency which was the primary employer of the injured worker. CLIENT OF LABOR CONTRACTOR AS EMPLOYER Labor Code § 2810.3 (2019) – The Employer was found by the Board to be the client of the staffing agency which employed the injured worker. The Board also found the staffing agency to be a “labor contractor” within the meaning of the statute. DUTY OF CLIENT EMPLOYER Labor Code § 2810.3(c) (2019) - A client employer cannot shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with § 6300) of the Labor Code with respect to the safety of workers supplied by the labor contractor. BOARD PROCEDURE – AMENDMENT OF CITATIONS The Board will permit the Division to amend citations to address new legal arguments to “conform to proof” submitted at a hearing absent a showing of prejudice. REPORTING WORK-CONNECTED INJURIES – REPORTING WORK-CONNECTED FATALITIES AND SERIOUS INJURIES Cal. Code Regs, tit. 8, § 342(a) (2021) – Employer failed to report a serious injury, a repeat regulatory violation. SAFE PRACTICES AND PERSONAL PROTECTION – PERSONAL SAFETY DEVICES AND SAFEGUARDS, FOOT PROTECTION Cal. Code Regs, tit. 8, § 3385(a) (2021) – Employer failed to require appropriate foot protection for employees exposed to foot injuries from falling objects or crushing or penetrating actions, a serious violation. ASSESSMENT OF CIVIL PENALTIES The Employer did not raise an issue regarding the reasonableness of the penalties. Thus the $10,000 penalty for violation of Cal. Code Regs, tit. 8, § 342(a) (2021) and of $15,300 for violation of Cal. Code Regs, tit. 8, § 3385(a) (2021) were found by the Board to be calculated in accordance with the Division’s policies and procedures and affirmed without further comment.Digest of COSHAB’s Decision After Reconsideration dated July, 22 2022, Inspection No. 1461476.
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