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 – …
Editor’s Note: Correction was made to Headnote  49 COR 40-8937 [¶23,336R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code section 6614(a) – The Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated May 22, 2025, Inspection No. 1632835. Ed Lowry, Chair. Judith S. Freyman, …
49 COR 40-8934 [¶23,335] SAFE PRACTICES AND PERSONAL PROTECTION – Title 8, Cal. Code Regs, §3410(c) – The Division established that Employer failed to ensure that provided protection against burns to the ears and necks of firefighters engaged in wildland firefighting was worn by employees. REPEAT VIOLATIONS – SUBSTANTIALLY SIMILAR REGULATORY REQUIREMENT – Title 8, …
49 COR 40-8933 [¶23,334] COVID-19 PREVENTION PROGRAM – Title 8, California Code of Regulations, §3205(c)(3)(B)(3) – The section was amended, no longer requiring written notice of exposure or imposing a one-business-day time frame. HEAT ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3395(i) – The Division met its burden of proof by a …
49 COR 40-8931 [¶23,333R] PERFECTION OF APPEAL – Title 8, California Code of Regulations, §359.1(b) – Employer filed an incomplete appeal due to misunderstanding, which did not constitute good cause. Labor Code § 6617 – Employer’s petition failed to assert grounds upon which the Board may have considered reconsideration. Digest of COSHAB’s Denial of Petition …