Decisions - | CAL-OSHA Reporter

Menu

INTERLINE BRANDS, INC.

49 COR 40-8947 [¶23,342R] FOOT PROTECTION – Title 8, California Code of Regulations, §3385(a) The Appeals Board upheld the ALJ’s Decision finding Employer failed to require its employees wear protective footwear. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD) Employer failed to establish all five elements of IEAD, the defense failed. NEWBERY DEFENSE Employer failed … Read More »

This content is only available to premium subscribers. Please login here log in

JORGE MARIO HERNANDEZ MANTILLA

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. … Read More »

This content is only available to premium subscribers. Please login here log in

KENYON PLASTERING OF SOUTHERN CALIFORNIA, INC.

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 … Read More »

This content is only available to premium subscribers. Please login here log in

OWB PACKERS, LLC DBA ONE WORLD BEEF

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 … Read More »

This content is only available to premium subscribers. Please login here log in

MWL SOLUTIONS, INC.

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 – … Read More »

This content is only available to premium subscribers. Please login here log in

BEVERLY HILLS SCULPTURE LLC

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, … Read More »

This content is only available to premium subscribers. Please login here log in

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

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, … Read More »

This content is only available to premium subscribers. Please login here log in

SONY PICUTRES STUDIOS, INC.

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 … Read More »

This content is only available to premium subscribers. Please login here log in