49 COR 40-8727 [¶23,262R] LADDER OPENING OR PLATFORM – GUARDING Title 8, California Code of Regulations, §3212(a)(2)(A) – The Appeals Board agreed with the ALJ’s finding that each passageway to the opening was so offset that a person could not walk directly into the opening. Digest of COSHAB’s Decision After Reconsideration dated September 14, 2023, …
49 COR 40-8725 [¶23,261] CONTROL OF HAZARDOUS ENERGY FOR CLEANING, REPAIRING, SERVICING, SETTING-UP, AND ADJUSTING OPERATIONS OF PRIME MOVERS, MACHINERY AND EQUIPMENT, INCLUDING LOCKOUT/TAGOUT – Title 8, California Code of Regulations, §3314(c)(1) – Employer failed to provide and require the use of extension tools to an employee who was making adjustments on a running conveyor …
49 COR 40-8721 [¶23,259R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code §6614(a) – Employer failed to file its petition for reconsideration within 30 days of service of the final order dismissing the appeal. As a result, the Appeals Board lacked jurisdiction to grant reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated September 14, …
49 COR 40-8719 [¶23,258] TIMELY REPORT OF A SERIOUS INJURY – Title 8, California Code of Regulations, §342 (a) – The evidence proffered by the Division was insufficient to establish that Employer failed to timely report a serious injury. STATUTE OF LIMITATIONS – Labor Code §6317 – The evidence proffered by the Division was sufficient …
49 COR 40-8717 [¶23,257R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code §6614(a) – Employer failed to file its petition for reconsideration within 30 days of service of the final order dismissing the appeal. As a result, the Appeals Board lacked jurisdiction to grant reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated August 28, …
49 COR 40-8711 [¶23,256] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509 (a) – The evidence proffered by the Division was sufficient to establish that Employer failed to effectively enforce its IIPP to the extent that the supervisor failed to adhere to Employer’s own safety policies. Cleaning, Servicing and …
49 COR 40-8711 [¶23,255R] Digest of COSHAB’s Decision After Remand from Superior Court dated August 16, 2023, Inspection No. 1320327. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Southern California Edison (Employer) is an electrical utility provider. Beginning on June 4, 2018, the Division of Occupational Safety and Health …
49 COR 40-8709 [¶23,254R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – Independent Employee Act Defense (IEAD) IEAD is an affirmative defense that requires the employer to prove five elements. Employer failed to establish the IEAD with respect to a citation issued for failure to maintain the rod tongs in safe operating condition while in use. …