49 COR 40-9105 [¶23,421R] JURISDICTION – GOOD CAUSE Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over the Division’s untimely petition for reconsideration. Digest of COSHAB’s Decision After Reconsideration dated July 30, 2026, Inspection No. 1625267. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. …
49 COR 40-9105 [¶23,422] DAMAGED LADDERS – Title 8, Cal. Code of Regulations, §3276(e)(3) The proffered evidence showed that Employer did not violate the cited safety order as it was not required to withdraw the ladder from service prior to the accident. PORTABLE LADDER TRAINING – Title 8, Cal. Code of Regulations, §3276(f) The proffered …
49 COR 40-9103 [¶23,420] INJURY AND ILLNESS PROTECTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(2) The proffered evidence showed Employer ensured employee compliance with safe and healthful work practices. HAZARD ASSESSMENT – Title 8, California Code of Regulations, §3380(f)(1)(A) – The evidence proffered by the Division established that Employer failed to adequately assess …
49 COR 40-9103 [¶23,419R] PETITION FOR RECONSIDERATION – VERIFICATION Labor Code §6616 – Employer’s Petition for Reconsideration was not verified. Digest of COSHAB’s Denial of Petition for Reconsideration dated July 24, 2026, Inspection No. 1637991. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Amirian Management Co. …
49 COR 40-9095 [¶23,416] MACHINE GUARDING – Title 8, California Code of Regulations, §4002 (a) – The evidence proffered by the Division established that the mixer was guarded by location. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Title 8, California Code of Regulations, §334(c)(1) – The causal nexus between the Serious violation and the injury …
49 COR 40-9096 [¶23,417R] FALL PROTECTION and LADDER SAFETY – Title 8, California Code of Regulations, §1670(a) and §1675(b) The Appeals Board concluded that Employer’s work required fall protection and Employer was not entitled to the “greater hazard” defense. The Appeals Board concluded that Employer failed to ensure proper ladder use. AFFIRMATIVE DEFENSE – INDEPENDENT …
49 COR 40-9100 [¶23,418] FALL PROTECTION – Title 8, California Code of Regulations, §2940.6(b) – The proffered evidence established that employer failed to ensure the use of fall protection while work was performed at an elevated location. STATUTE OF LIMITATIONS – Labor Code §6317(e)(1) – The citation was timely issued given the Governor’s Executive Orders, …
49 COR 40-9091 [¶23,414] INJURY AND ILLNESS PROTECTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(4) and (a)(7) The proffered evidence showed Employer had procedures for identifying hazards and implemented them with respect to the work that gave rise to the accident. There was no evidence that Employer failed to provide adequate training to …