49 COR 40-8937 [¶23,337] PROVISION OF HANDRAILS – Title 8, California Code of Regulations, §1626(c)(1)(A) – The Division did not meet its burden of proof by a preponderance of the evidence to demonstrate that Employer failed to provide at least one handrail for stairways having four or more risers. INJURY AND ILLNESS PREVENTION PROGRAM – …
49 COR 40-8937 [¶23,336R] JURISDICTION – PETITION FOR RECONSIDERATION – Title 8, California Code of Regulations, §6614(a) – The Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated May 22, 2025, Inspection No. 1632835. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, …
49 COR 40-8934 [¶23,335] SAFE PRACTICES AND PERSONAL PROTECTION – Title 8, Cal. Code Regs, §3410(c) – The Division established that Employer failed to ensure that provided protection against burns to the ears and necks of firefighters engaged in wildland firefighting was worn by employees. REPEAT VIOLATIONS – SUBSTANTIALLY SIMILAR REGULATORY REQUIREMENT – Title 8, …
49 COR 40-8933 [¶23,334] COVID-19 PREVENTION PROGRAM – Title 8, California Code of Regulations, §3205(c)(3)(B)(3) – The section was amended, no longer requiring written notice of exposure or imposing a one-business-day time frame. HEAT ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3395(i) – The Division met its burden of proof by a …
49 COR 40-8931 [¶23,333R] PERFECTION OF APPEAL – Title 8, California Code of Regulations, §359.1(b) – Employer filed an incomplete appeal due to misunderstanding, which did not constitute good cause. Labor Code § 6617 – Employer’s petition failed to assert grounds upon which the Board may have considered reconsideration. Digest of COSHAB’s Denial of Petition …
49 COR 40-8931 [¶23,332R] AUTHORITY OF ADMINISTRATIVE LAW JUDGES, SETTLEMENT ORDER – Title 8, California Code of Regulations §364.2 (f) – The Appeals Board determined there were no grounds to set aside the settlement agreement. Digest of COSHAB’s Denial of Petition for Reconsideration dated May 1, 2025, Inspection No. 1660546. Ed Lowry, Chair. Judith …
49 COR 40-8929 [¶23,331R] GOOD CAUSE FOR LATE APPEAL – Title 8, California Code of Regulations, §359 – An Employer’s misunderstanding of the appeal does not constitute good cause for a late appeal. Labor Code §§ 6600, 6601– The 15 working day period may be extended by the Appeals Board for good cause. Employer demonstrated …
49 COR 40-8927 [¶23,330] PORTABLE FIRE EXTINGUISHERS – Title 8, California Code of Regulations, §6151(e)(2) – The Division failed to meet its burden to prove by a preponderance of the evidence that Employer failed to visually inspect the fire extinguisher monthly as required. ACCESS TO POTABLE DRINKING WATER – Title 8, California Code of Regulations, …