49 COR 40-9059 [¶23,398R] ORDER – INTERLOCUTORY Labor Code §6614 – The Division’s petition was interlocutory in nature because the order from which it sought reconsideration, the denial of the Division’s Motion Concerning Hearing Dates, was not a final order. The Board denied the petition for reconsideration. Digest of COSHAB’s Decision After Reconsideration dated March …
49 COR 40-9058 [¶23,397] FAILURE TO REPORT SERIOUS INJURY Title 8, Cal. Code of Regulations, §342(a) The proffered evidence showed the Division failed to establish when Employer knew or would have known, with diligent inquiry, that the injury constituted a serious reportable injury. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, Cal. Code of Regulations, …
49 COR 40-9053 [¶23,394] OPERATION OF INDUSTRIAL TRUCKS – Title 8, California Code of Regulations, §3650(t)(33) – The Division established that Employer failed to ensure the use of an operator restraint system (seatbelt) when forklifts were operated. AFFIRMATIVE DEFENSE – Independent Employee Action Defense – Employer failed to establish all five elements of IEAD and, …
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 …