THE KROGER COMPANY

49 COR 40-8995 [¶23,366R] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(7) The proffered evidence showed Employer failed to provide effective training and instruction regarding the new occupational hazard. SERIOUS VIOLATION – Labor Code §6432(a) The Board determined that the ALJ Decision incorrectly affirmed the Serious classification; it reduced the … Read More »

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ALLIANCE DIVERSIFIED ENTERPRISES, INC.

49 COR 40-8991 [¶23,365] CODE OF SAFE PRACTICES Title 8, California Code of Regulations, §1509(a)  – The Division established that Employer did not adopt a Code of Safe Practices which related to excavation operations performed at the jobsite. THOROUGH SURVEY Title 8, California Code of Regulations, §1511(b) – The Division established that Employer failed to … Read More »

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CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION – SUBSTANCE ABUSE TREATMENT FACILITY, CORCORAN STATE PRISON DBA SATF

49 COR 40-8989 [¶23,364] INJURY AND ILLNESS PREVENTION PROGRAM Title 8, California Code of Regulations, §3203(a)(6)  – The Division established that Employer identified a hazard of workplace violence but did not implement its IIPP to correct the hazard through preventative measures. Title 8, California Code of Regulations, §3203(a)(7) – The Division established that Employer failed … Read More »

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BRAGG INVESTMENT COMPANY, INC.

49 COR 40-8986 [¶23,363R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a)/§3203(a)(7) The Appeals Board agreed with the ALJ that Employer failed to adequately train on all hazards of the jobsite travel of cranes.  TRAVEL OF CRANES – Title 8, California Code of Regulations, §1616.1(t) (now §4999) Employer did … Read More »

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CONCORD FARMS, INC.

49 COR 40-8985 [¶23,362R] GOOD CAUSE FOR LATE APPEAL – Labor Code §6601 and Title 8, California Code of Regulations, §359(d) – The 15 working day period may be extended by the Appeals Board for good cause. Employer demonstrated good cause for its late appeal of the citations. Digest of COSHAB’s Decision After Reconsideration and … Read More »

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SHORELINE CONSTRUCTORS, INC.

49 COR 40-8983 [¶23,360R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated September 25, 2025, Inspection No. 1685885.   Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. … Read More »

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MARQUES GENERAL ENGINEERING, INC.

49 COR 40-8983 [¶23,361] TRAFFIC CONTROL – Title 8, California Code of Regulations, §1598(a) – The Division did not establish that the worksite encroached on or was located on a public road. Digest of COSHAB ALJ’s Decision dated Sept. 24, 2025, Inspection No. 1581944 (Lincoln) Ka H. Leung, Administrative Law Judge For Employer: Perry Poff … Read More »

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PRIMULA MOZZARELLA LLC DBA ANGELO AND FRANCO, THE MOZZARELLA GUYS

49 COR 40-8969 [¶23,354] SERIOUS INJURY REPORTING REQUIREMENTS – Title 8, California Code of Regulations, §342(a) – The evidence proffered established that Employer failed to timely report the serious injury.  The penalty was adjusted by the ALJ. CONTROL OF HAZARDOUS ENERGY DURING CLEANING OPERATIONS – Title 8, California Code of Regulations, §3314(c) – The Division … Read More »

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