49 COR 40-9113 [¶23,427R] PETITION FOR RECONSIDERATION – TIMELINESS AND SERVICE Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration. Labor Code §6619 – Employer’s failure to serve its petition for reconsideration required that the Board deny it. Digest of COSHAB’s Denial of Petition for Reconsideration dated August 28, …
49 COR 40-9111 [¶23,425R] INJURY and ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(4) The Appeals Board affirmed the ALJ’s Decision finding that Employer had identified workplace hazards posed by COVID-19. Digest of COSHAB’s Decision After Reconsideration dated August 14, 2026, Inspection No. 1488312. Ed Lowry, Chair. Judith S. Freyman, Board …
49 COR 40-9111 [¶23,426R] MACHINERY and EQUIPMENT DESIGN and ENGINEERING – Title 8, California Code of Regulations, §3328(a)(1) and (a)(2) The Appeals Board concluded that the proffered evidence showed that equipment used by Employer was not designed or engineered to safely sustain all reasonably anticipated loads. Digest of COSHAB’s Decision After Reconsideration dated August 13, …
49 COR 40-9107 [¶23,423R] APPEAL – LATE FILING Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant Employer’s petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated August 12, 2026, Inspection No. 1784640. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Innovation …
49 COR 40-9107 [¶23,424R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a)/§3203(a)(4) The Appeals Board agreed with the ALJ’s Decision, which found that Employer failed to effectively implement its IIPP by identifying and evaluating new workplace processes. EXCAVATION COVERINGS – Title 8, California Code of Regulations, §1541(l)(2) The Appeals …
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 …