SUTTER BAY MEDICAL FOUNDATION DBA SUTTER EAST BAY MEDICAL FOUNDATION

49 COR 40-8905 [¶23,318R] HEARING – POST-SUBMISSION AMENDMENTS – Title 8, California Code of Regulations, §371.2 The Division’s citation amendment to allege alternate theories of liability was permitted.  Employer failed to show prejudice.  RESPIRATOR USE – Title 8, California Code of Regulations, §5199(g)(4)(B) – The evidence proffered by the Division was sufficient to show that … Read More »

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HOT LINE CONSTRUCTION, INC.

49 COR 40-8901 [¶23,317] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(4), (6) and (7) – The proffered evidence showed the Employer established procedures regarding identification of workplace hazards, implemented its procedures for hazard correction and the IIPP contained written procedures for training and instruction.  JOB BRIEFINGS – Title 8, … Read More »

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BMC WEST, LLC

49 COR 40-8898 [¶23,316R] INJURY AND ILLNESS PREVENTION PROGRAM – IDENTIFY PERSON(S) WITH AUTHORITY AND RESPONSIBILITY FOR IMPLEMENTING – Title 8, California Code of Regulations, §3203(a)(1) – The record established that Employer’s IIPP did not identify a person with authority and responsibility for implementing the plan. IDENTIFYING AND EVALUATING HAZARDS – Title 8, California Code … Read More »

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ORANGE COUNTY FIRE AUTHORITY

49 COR 40-8897 [¶23,315R] ADMINISTRATIVE LAW JUDGE AUTHORITY – Title 8, California Code of Regulations, §350.1(a) – grants ALJs the power to request a party to state the respective position or supporting theory concerning any fact or issue in the proceeding. Digest of COSHAB’s Decision After Reconsideration dated December 19, 2024, Inspection No. 1523238.   … Read More »

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MCCARTHY BUILDING COMPANIES, INC

49 COR 40-8893 [¶23,314] MEDICAL EVALUATION – RESPIRATOR USE – Title 8, California Code of Regulations, §5144(e)(1) – Employer failed to medically evaluate employees to determine their ability to use a respirator before the employee was fit tested or required to use the respirator.  INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of … Read More »

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TESLA, INC. DBA TESLA MOTORS, INC.

49 COR 40-8889 [¶23,313] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a) – Employer failed to implement an effective IIPP that included procedures for identifying, evaluating, and correcting hazards. EXCAVATION – PROTECTION Title 8, California Code of Regulations, §1541(l)(2) – Employer failed to ensure there was an adequate barrier physical … Read More »

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R D OLSON CONSTRUCTION

49 COR 40-8886 [¶23,312] HEAT ILLNESS PREVENTION – Title 8, California Code of Regulations, §3395(i) – The proffered evidence showed Employer failed to establish effective written High Heat (HH) Procedures. ASSESSMENT OF CIVIL PENALTY Citation 1 was affirmed, and the proposed penalty was assessed. Digest of COSHAB ALJ’s Decision dated November 22, 2024, Inspection No … Read More »

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UNITED PARCEL SERVICE, INC.

49 COR 40-8885 [¶23,311] HEAT ILLNESS PREVENTION – Title 8, California Code of Regulations, §3395(f)(2) – Employer failed to implement effective emergency procedures when an employee exhibited signs and symptoms of possible heat illness. VIOLATION – SERIOUS CLASSIFICATION Labor Code §6432(a) – The Division established a rebuttable presumption that Citation 1 was properly classified as … Read More »

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