49 COR 40-9054 [¶23,395R] MEDICAL EVALUATION – Title 8, California Code of Regulations, §5144(e)(1) The Appeals Board concluded that Employer required the use of respirators in some instances without medically evaluating the employees as required. Citation 1, Item 1 was affirmed. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a) …
49 COR 40-9049 [¶23,392R] PETITION FOR RECONSIDERATION – Title 8, California Code of Regulations, §6614(a) – The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated March 13, 2026, Inspection No. 1628750. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board …
49 COR 40-9049 [¶23,393R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §3203(a)(4) and (6) The Appeals Board agreed with the ALJ’s Decision which found that Employer failed to effectively implement its IIPP by identifying, evaluating and correcting hazards. UNGUARDED ROOF HATCH OPENING – Title 8, California Code of Regulations, …
49 COR 40-9047 [¶23,391] OPERATION OF CHAIN SAW – Title 8, Cal. Code of Regulations, §3425(a)(10) The proffered evidence showed that Employer did not ensure that the employee used a second point of attachment while operating a chainsaw in a tree. INDEPENDENT EMPLOYEE ACT DEFENSE – Employer satisfied all five elements of IEAD. ASSESSMENT OF …
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 …