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, …
49 COR 40-8925 [¶23,329R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over the untimely petition filed by Employer. Digest of COSHAB’s Denial of Petition for Reconsideration dated March 27, 2025, Inspection No. 1684649. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. …
49 COR 40-8925 [¶23,328R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over the untimely petition filed by Employer. Digest of COSHAB’s Denial of Petition for Reconsideration dated March 6, 2025, Inspection No. 1717277. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, …
49 COR 40-8923 [¶23,326R] Digest of COSHAB’s Amended Decision After Remand from Superior Court dated February 24, 2025, Inspection No. 1235643. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. The Division of Occupational Safety and Health (Division) issued three citations to Granite Construction Company, Inc./Granite Industrial Inc. (Employer), …
49 COR 40-8923 [¶23,327R] INJURY ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(5) The Board affirmed the ALJs Decision which determined Employer’s IIPP was not implemented. Title 8, California Code of Regulations, §§3203(a)(4) and (a)(6) The Board affirmed the ALJs Decision which found Employer did not implement its IIPP to effectively identify …