48 COR 40-8359 [¶23,082R]
CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4) and (a)(6) (2020) – The Appeals Board reversed an ALJ decision, which held Employer failed to implement its IIPP by not identifying and correcting hazards stated in the manufacturer’s recommendations for use of a cutting torch. Without evidence of what the hazard was, or what caused a gang box lid to fly up and injure the employee using the torch, the Board declined to conclude Employer failed to recognize and correct the hazard. SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT, USED OR OPERATED UNDER ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS Cal. Code Regs, tit. 8, § 3328(a)(2) (2020) – The Appeals Board reversed an ALJ decision, which held Employer operated equipment, a cutting torch, under environmental conditions contrary to the manufacturer’s recommendations.Digest of COSHAB’s Decision After Reconsideration dated December 28, 2020, Inspection No. 1226666.
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