49 COR 40-8867 [¶23,303] RAILROAD INDUSTRY – Labor Code §6800 – limits the Division’s regulatory authority to employees in an office or shops devoted to construction, maintenance or repair of railroad equipment and all other railroad employees with respect to occupational health. The evidence proffered showed that the Division did not have jurisdiction over the …
49 COR 40-8863 [¶23,302] MACHINE GUARDING – Title 8, California Code of Regulations, §4002 (a) –The evidence proffered by the Division was insufficient to establish that the Employer failed to guard by location a machine with a revolving hazard created by a rotating rod. HAZARDOUS ENERGY CONTROL – Title 8, California Code of Regulations, §3314(c) …
49 COR 40-8862 [¶23,301R] 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 August 22, 2024, Inspection No. 1590457. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. …
49 COR 40-8857 [¶23,300R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Title 8, California Code of Regulations, §§3203(a)(6) and (a)(7) – The Division did not meet its burden in proving that Employer failed to effectively implement its IIPP (controls to minimize exposure to violent assaults and adequate training to respond to increased workplace violence). SERIOUS VIOLATION …
49 COR 40-8860 [¶23,299R] 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 August 8, 2024, Inspection No. 1417264. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Employer …
49 COR 40-8857 [¶23,298] MACHINERY AND EQUIPMENT GUARDING – Title 8, California Code of Regulations, §4075(a) – The evidence proffered showed that the sprocket chain drives located 7 feet or less above the working level were not guarded. VIOLATIONS – SERIOUS CLASSIFICATION ACCIDENT RELATED Labor Code §6432(a) – The Division established a rebuttable presumption that …
49 COR 40-8853 [¶23,297] REPORTING OF SERIOUS ILLNESS Title 8, California Code of Regulations, §342(a) – The evidence proffered showed that Employer did not have actual or constructive knowledge of the employee’s hospitalization; thus, the citation was dismissed. EXPOSURE ANALYSIS Title 8, California Code of Regulations, §5199(h)(6)(C) -The evidence proffered showed that the Division did …
49 COR 40-8851 [¶23,296R] 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 July 26, 2024, Inspection No. 1351361. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Employer …