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TESLA, INC. DBA TESLA MOTORS, INC.

49 COR 40-9071 [¶23,403] INJURY AND ILLNESS PROTECTION PROGRAM – Title 8, California Code of Regulations, §3203(b)(1) The proffered evidence showed the Division did not establish a violation of record-keeping requirements. HAZARDOUS ENERGY CONTROL – Title 8, California Code of Regulations, §3314(g) The proffered evidence showed the Division did not establish a violation of written … Read More »

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BLUE DIAMOND GROWERS – ¶23,402R

49 COR 40-9067 [¶23,402R] AFFIRMATIVE DEFENSE – Unexpected Extreme Departure Defense The Board concluded that the evidence established that all three elements were demonstrated by Employer. DUE PROCESS – The Board concluded that the Division was not prejudiced by the post-submission amendment and that it was sufficiently provided with due process upon notice and the … Read More »

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S AND J INTERIORS, INC.

49 COR 40-9063 [¶23,400] PORTABLE LADDER TRAINING – Title 8, Cal. Code of Regulations, §3276(f) The proffered evidence showed the Division failed to meet its burden of proof to show Employer did not provide training on the safe use of ladders. LADDER USE ON ROLLING SCAFFOLDS – Title 8, Cal. Code of Regulations, §1646(f) The … Read More »

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PERRY C. THOMAS CONSTRUCTION, INC.

49 COR 40-961 [¶23,399] EXCAVATION PROTECTIVE SYSTEM Title 8, California Code of Regulations, §1541(j)(2) – The proffered evidence established Employer failed to ensure that material was not protected from falling into the excavation by a retaining device or other methods. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 1, Item 2 … Read More »

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CASTON, INC.

49 COR 40-9057 [¶23,396] MOTION TO AMEND CITATION – Title 8, California Code of Regulations, §371.2 – The Division failed to follow the procedure for amending citations. AFFIRMATIVE DEFENSE – Independent Employee Action Defense – Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof. ASSESSMENT OF … Read More »

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YUBA COUNTY SHERIFF’S OFFICE

49 COR 40-9059 [¶23,398R] ORDER – INTERLOCUTORY Labor Code §6614 – The Division’s petition was interlocutory in nature because the order from which it sought reconsideration, the denial of the Division’s Motion Concerning Hearing Dates, was not a final order. The Board denied the petition for reconsideration. Digest of COSHAB’s Decision After Reconsideration dated March … Read More »

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LOS ANGELES COUNTY PROBATION DEPARTMENT DBA BARRY J. NIDORF JUVENILE HALL 49 COR 40-9058

49 COR 40-9058 [¶23,397] FAILURE TO REPORT SERIOUS INJURY Title 8, Cal. Code of Regulations, §342(a) The proffered evidence showed the Division failed to establish when Employer knew or would have known, with diligent inquiry, that the injury constituted a serious reportable injury. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, Cal. Code of Regulations, … Read More »

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TESLA, INC. DBA TESLA MOTORS, INC.

49 COR 40-9053 [¶23,394] OPERATION OF INDUSTRIAL TRUCKS – Title 8, California Code of Regulations, §3650(t)(33) – The Division established that Employer failed to ensure the use of an operator restraint system (seatbelt) when forklifts were operated. AFFIRMATIVE DEFENSE – Independent Employee Action Defense – Employer failed to establish all five elements of IEAD and, … Read More »

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