DIR Investigations

Our coverage is listed below with the newest coverage at the top.

To see our coverage from our sister publication Workers’ Comp Executive click here.

Cal/OSHA Failed To Quash Bias Findings Against Its Investigator

By: Kevin Thompson
What made the Division of Occupational Safety and Health go to so far as to seek to expunge comments by a respected administrative law judge in an injury case. It's all about inspector bias.

COSHO Murphine Testimony Impeached in Sea World Case

By: Kevin Thompson
Here are some examples of what Sea World says are inconsistencies and bias on the part of a Cal/OSHA inspector.

SEAWORLD LLC DBA SEA WORLD AQUATICA

By: Rick Waldinger

44 COR 40-7833 [¶22,690]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – EFFECTIVE IIPP
Cal. Code Regs, tit. 8, § 3203(a) (2017) – Employer failed to establish an IIPP containing all of the elements required by §3203. Although Division did not establish that Employer’s IIPP lacked an effective, written system for ensuring that employees complied with safe and healthy work practices, the IIPP lacked effective procedures for identifying and evaluating workplace hazards.

CONSTITUTIONAL ARGUMENTS – DUE PROCESS, BIAS
While the ALJ found that the Division inspector harbored personal bias against Employer, the citation for an inadequate IIPP was upheld based on ample independent evidence.

PERSONAL SAFETY DEVICES AND SAFEGUARDS – HAND PROTECTION
Cal. Code Regs, tit. 8, § 3384(a) (2017) – The Division failed to establish that Employer violated the safety order by permitting its employee to use a deep fryer while wearing a Kevlar glove and sleeve over a plastic food-handling glove. The Division failed to establish that such hand protection was inappropriate.

Summary of COSHAB-ALJ’s Decision dated March 30, 2017, Inspection No. 997100.