49 COR 40-8925 [¶23,329R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over the untimely petition filed by Employer. Digest of COSHAB’s Denial of Petition for Reconsideration dated March 27, 2025, Inspection No. 1684649. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. …
49 COR 40-8925 [¶23,328R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over the untimely petition filed by Employer. Digest of COSHAB’s Denial of Petition for Reconsideration dated March 6, 2025, Inspection No. 1717277. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, …
49 COR 40-8923 [¶23,326R] Digest of COSHAB’s Amended Decision After Remand from Superior Court dated February 24, 2025, Inspection No. 1235643. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. The Division of Occupational Safety and Health (Division) issued three citations to Granite Construction Company, Inc./Granite Industrial Inc. (Employer), …
49 COR 40-8923 [¶23,327R] INJURY ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(5) The Board affirmed the ALJs Decision which determined Employer’s IIPP was not implemented. Title 8, California Code of Regulations, §§3203(a)(4) and (a)(6) The Board affirmed the ALJs Decision which found Employer did not implement its IIPP to effectively identify …
In this week’s Decisions section of Cal-OSHA Reporter, there is a Decision After Reconsideration from the Cal/OSHA Appeals Board with an interesting history. Granite Construction and several other contractors were cited in 2017 for alleged exposure to Coccidioidomycosis, better known as Valley Fever. But why? The project involved installing a solar array in Monterey County. …
49 COR 40-8919 [¶23,324R] MACHINERY OR EQUIPMENT – GUARDED BY LOCATION – Title 8, California Code of Regulations, §4002(a) – The evidence established that the roll sizer was guarded by its frame and location. HAZARDOUS ENERGY CONTROL – Title 8, California Code of Regulations, §3314(c) – There was no factual dispute that the roll sizer …
49 COR 40-8921 [¶23,325] AFFIRMATIVE DEFENSE – EMPLOYEE-EMPLOYER RELATIONSHIP – Labor Code §§6303(b), 6304.1(a) – A preponderance of the evidence established that an employer-employee relationship existed between Appellant and the workers at the site. Labor Code §2750.5 – An injured worker, who did not have a contractor’s license, was deemed an employee of Employer, rather …
49 COR 40-8915 [¶23,322] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) and §3203(a)(6) – The proffered evidence showed the Employer failed to implement and maintain an effective Injury and Illness Prevention Program in terms of correcting unsafe conditions. SCAFFOLDING – Title 8, California Code of Regulations, §1621(b) – The …