49 COR 40-9044 [¶23,390] PNEUMATICALLY DRIVEN NAILERS – OPERATED PER MANUFACTURER’S INSTRUCTIONS – Title 8, Cal. Code of Regulations, §1704(b)(2) The proffered evidence showed that Employer did not ensure that an employee operated a nailer in accordance with the manufacturer’s operating and safety instructions. INDEPENDENT EMPLOYEE ACT DEFENSE – Employer failed to establish all five …
49 COR 40-9043 [¶23,389] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, Cal. Code of Regulations, §3203(a)(4) and (6) The proffered evidence showed that Employer had a written IIPP that was implemented. ASSESSMENT OF CIVIL PENALTIES – Citation 2 was vacated. Digest of COSHAB ALJ’s Decision dated February 13, 2026, Inspection No 1642084 (Sylmar) …
49 COR 40-9040 [¶23,388] TRAINED FIRST AID PERSONS – Title 8, California Code of Regulations, §1512(b) Employer did not have an appropriately trained person available to render first aid at the job site. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) Employer did not provide training and instruction sufficient to …
49 COR 40-9039 [¶23,387R] APPEAL – LATE FILING Labor Code § 6601 – Employer failed to establish good cause for its late appeal, which was the result of internal operating problems. Digest of COSHAB’s Denial of Petition for Reconsideration dated February 11, 2026, Inspection No. 1784640. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin …
49 COR 40-9037 [¶23,386] ROLLING SCAFFOLDS – Title 8, Cal. Code of Regulations, §1646(k) The Division did not prove that the employees were untrained or that the training provided was inadequate. SCAFFOLDS – GENERAL REQUIREMENTS – Title 8, Cal. Code of Regulations, §1637(l) The Division did not prove that Employer had removed the scaffold cross …
49 COR 40-9037 [¶23,385R] 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 January 14, 2026, Inspection No. 1496831. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. …
49 COR 40-9033 [¶23,384] EMPLOYER-EMPLOYEE RELATIONSHIP – Labor Code §§2772 The proffered evidence showed Employer did not establish the three parts of the ABC test. The workers were found to be Employer’s employees. DUAL EMPLOYMENT – The ALJ determined Employer was a secondary employer of the employees. ANNUAL PERMIT – Title 8, Cal. Code of …
49 COR 40-9027 [¶23,382] EMPLOYER-EMPLOYEE RELATIONSHIP – Labor Code §§2772 and 2750.5 The proffered evidence showed Employer did not establish all three parts of the ABC test. The workers did not have a license which was required for the work performed. They were found to be Employer’s employees. INJURY AND ILLNESS PREVENTION PROGRAM – Title …