49 COR 40-8951 [¶23,344R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6617 – Employer failed to assert any of the grounds upon which reconsideration could be granted. Additionally, Employer failed to show good cause for failure to appear at a noticed Status Conference. Digest of COSHAB’s Denial of Petition for Reconsideration dated July 3, …
49 COR 40-8951 [¶23,345R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §3203(a)(7) The Appeals Board found that Employer failed to train an employee on operating machinery adequately.  OPERATION OF MACHINERY AND EQUIPMENT – Title 8, California Code of Regulations, §3328(a)(2) The Appeals Board found that Employer failed to ensure …
49 COR 40-8951 [¶23,346R] LOCK-OUT/TAG-OUT PROCEDURES – Title 8, California Code of Regulations, §3314(d) The Appeals Board upheld the ALJ’s Decision, finding Employer’s procedures for machine repairs did not include LOTO. Employer did not demonstrate that the minor servicing exception applied. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD) Employer failed to establish all five …
49 COR 40-8947 [¶23,342R] FOOT PROTECTION – Title 8, California Code of Regulations, §3385(a) The Appeals Board upheld the ALJ’s Decision finding Employer failed to require its employees wear protective footwear. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD) Employer failed to establish all five elements of IEAD, the defense failed. NEWBERY DEFENSE Employer failed …
49 COR 40-8946 [¶23,341R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration of the untimely petition filed by Employer. Digest of COSHAB’s Denial of Petition for Reconsideration dated June 13, 2025, Inspection No. 1637005.  Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. …
49 COR 40-8945 [¶23,340] REPORTING SERIOUS INJURY – Title 8, California Code of Regulations, §342(a) The Division established that Employer failed to report a serious injury to the Division. ASSESSMENT OF CIVIL PENALTY – Citation 1 was affirmed and its proposed penalty assessed. Digest of COSHAB ALJ’s Decision dated May 29, 2025, Inspection No. 1626625 …
49 COR 40-8943 [¶23,339] CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432(a) and (c) Employer failed to rebut the presumption of a serious citation. The violation was the cause of the citation, establishing nexus. As a result, the citation was properly characterized as Serious Accident-Related. ASSESSMENT OF CIVIL PENALTY – Citation 1 was affirmed and …
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 – …