49 COR 40-9067 [¶23,402R] AFFIRMATIVE DEFENSE – Unexpected Extreme Departure Defense The Board concluded that the evidence established that all three elements were demonstrated by Employer. DUE PROCESS – The Board concluded that the Division was not prejudiced by the post-submission amendment and that it was sufficiently provided with due process upon notice and the …
49 COR 40-9063 [¶23,400] PORTABLE LADDER TRAINING – Title 8, Cal. Code of Regulations, §3276(f) The proffered evidence showed the Division failed to meet its burden of proof to show Employer did not provide training on the safe use of ladders. LADDER USE ON ROLLING SCAFFOLDS – Title 8, Cal. Code of Regulations, §1646(f) The …
49 COR 40-961 [¶23,399] EXCAVATION PROTECTIVE SYSTEM Title 8, California Code of Regulations, §1541(j)(2) – The proffered evidence established Employer failed to ensure that material was not protected from falling into the excavation by a retaining device or other methods. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 1, Item 2 …
49 COR 40-9057 [¶23,396] MOTION TO AMEND CITATION – Title 8, California Code of Regulations, §371.2 – The Division failed to follow the procedure for amending citations. AFFIRMATIVE DEFENSE – Independent Employee Action Defense – Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof. ASSESSMENT OF …
49 COR 40-9059 [¶23,398R] ORDER – INTERLOCUTORY Labor Code §6614 – The Division’s petition was interlocutory in nature because the order from which it sought reconsideration, the denial of the Division’s Motion Concerning Hearing Dates, was not a final order. The Board denied the petition for reconsideration. Digest of COSHAB’s Decision After Reconsideration dated March …
49 COR 40-9058 [¶23,397] FAILURE TO REPORT SERIOUS INJURY Title 8, Cal. Code of Regulations, §342(a) The proffered evidence showed the Division failed to establish when Employer knew or would have known, with diligent inquiry, that the injury constituted a serious reportable injury. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, Cal. Code of Regulations, …
49 COR 40-9053 [¶23,394] OPERATION OF INDUSTRIAL TRUCKS – Title 8, California Code of Regulations, §3650(t)(33) – The Division established that Employer failed to ensure the use of an operator restraint system (seatbelt) when forklifts were operated. AFFIRMATIVE DEFENSE – Independent Employee Action Defense – Employer failed to establish all five elements of IEAD and, …
49 COR 40-9054 [¶23,395R] MEDICAL EVALUATION – Title 8, California Code of Regulations, §5144(e)(1) The Appeals Board concluded that Employer required the use of respirators in some instances without medically evaluating the employees as required. Citation 1, Item 1 was affirmed. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a) …