49 COR 40-8717 [¶23,257R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code §6614(a) – Employer failed to file its petition for reconsideration within 30 days of service of the final order dismissing the appeal. As a result, the Appeals Board lacked jurisdiction to grant reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated August 28, …
49 COR 40-8711 [¶23,256] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509 (a) – The evidence proffered by the Division was sufficient to establish that Employer failed to effectively enforce its IIPP to the extent that the supervisor failed to adhere to Employer’s own safety policies. Cleaning, Servicing and …
49 COR 40-8711 [¶23,255R] Digest of COSHAB’s Decision After Remand from Superior Court dated August 16, 2023, Inspection No. 1320327. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Southern California Edison (Employer) is an electrical utility provider. Beginning on June 4, 2018, the Division of Occupational Safety and Health …
49 COR 40-8709 [¶23,254R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – Independent Employee Act Defense (IEAD) IEAD is an affirmative defense that requires the employer to prove five elements. Employer failed to establish the IEAD with respect to a citation issued for failure to maintain the rod tongs in safe operating condition while in use. …
49 COR 40-8707 [¶23,253R] APPEAL – LATE FILING Title 8, California Code of Regulations, §359(d) – An appeal is timely if the intent to appeal is mailed to or received by the Appeals Board within 15 working days of the date the citation is received by the cited employer. The time for filing any appeal …
49 COR 4-08705 [¶23,252] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – EFFECTIVE TRAINING Title 8, California Code of Regulations, § 3203(a)(7) – Evidence at the hearing established that Employer failed to effectively train and instruct the employee on the use of the Shark pressure washer. MACHINERY AND EQUIPMENT ADJUSTMENT Title 8, California Code of Regulations, …
This week’s Decisions section has unique case, to put it mildly. Or, as one veteran employer defense attorney tells Cal-OSHA Reporter, “Never seen anything like it.” It involves multiple requests to change administrative law judges, for reasons still somewhat murky, allegations that the Division of Occupational Safety and Health inaccurately described the circumstances of the …
49 COR 40-8703 [¶23,251R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – ADMINISTRATIVE LAW JUDGE REASSIGNMENT California Code of Regulations, Title 8, section 375.2(b) provides that a party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge (ALJ) upon any one or more of the grounds specified in Government Code …