99 CENTS ONLY STORES, LLC #383

49 COR 40-8769 [¶23,272R] FOOT PROTECTION –  Title 8, California Code of Regulations, §3385(a) – Employer violated the safety order by failing to require appropriate foot protection for employees exposed to foot injuries from falling objects, crushing and penetrating hazards. Digest of COSHAB’s Decision After Reconsideration dated Nov 8, 2023, Inspection No. 1314092. Ed Lowry, … Read More »

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CALVARY CHAPEL OF SAN JOSE

49 COR 40-8771 [¶23,273R] MOTION TO SUPPRESS EVIDENCE – The Appeals Board has the authority to review an inspection warrant issued by the Superior Court Judge.  The Appeals Board found that the ALJ had jurisdiction to rule on the Motion and properly granted it after determining the warrant had been issued without probable cause.  Further, … Read More »

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HAMPTON TEDDER ELECTRIC

49 COR 40-8765 [23,271] OBSERVERS – Title 8, California Code of Regulations, §2940(d) – The evidence proffered by the Division was sufficient to show that Employer did not have a qualified electrical worker in close proximity during the time work was being done on an exposed conductor or exposed parts of equipment. PROTECTIVE EQUIPMENT – … Read More »

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SUTTER BAY MEDICAL FOUNDATION DBA SUTTER EAST BAY MEDICAL FOUNDATION

49 COR 40-8759 [23,270] RESPIRATOR USE – Title 8, California Code of Regulations, §5199(g)(4)(b) – The evidence proffered by the Division was sufficient to show that Employer failed to ensure that employees used a respirator when the employees performed procedures or services for an airborne infectious disease (AirID) case or suspected case. AMENDMENT OF CITATION … Read More »

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ARANA RESIDENTIAL AND COMMERCIAL PAINTING, INC. DBA ARANA CRAFTSMAN PAINTERS

49 COR 40-8753 [23,269] CONSENT TO INSPECTION – Labor Code §6307– The evidence established that Employer’s representative had apparent authority to consent to the inspection and did so.  The Division’s inspection was lawful. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §§3203(a) and (b)(1) and (2) – The evidence established … Read More »

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SEE’S CANDIES, INC.

49 COR 40-875 [¶23268R] JURISDICTION – GOOD CAUSE Labor Code §6601 – Good Cause is a substantial reason; one that affords a legal excuse.  The Appeals Board found good cause for filing of the late appeal and reinstated Employer’s appeal. Digest of COSHAB’s Decision After Reconsideration dated October 6, 2023, Inspection No. 1652414. Ed Lowry, … Read More »

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A-C ELECTRIC COMPANY

49 COR 40-8745 [23,267] CODE OF SAFE PRACTICES –  Title 8, California Code of Regulations, §1510(a) – The evidence proffered by the Division, was sufficient to show that Employer did not have a written Code of Safe Practices at the time of the accident.  Employer failed to provide instruction to employees regarding the hazards and … Read More »

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HAMILTON IRON WORKS

49 COR 40-8739 [23,266] REPORT OF SERIOUS INJURY – Title 8, California Code of Regulations, §342(a) – The evidence proffered by the Division, showed Employer failed to report the serious injury to the Division. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Implementation of IIPP – Title 8, California Code of Regulations, §3203(a)(2) – The evidence … Read More »

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