49 COR 40-8921 [¶23,325] AFFIRMATIVE DEFENSE – EMPLOYEE-EMPLOYER RELATIONSHIP – Labor Code §§6303(b), 6304.1(a) – A preponderance of the evidence established that an employer-employee relationship existed between Appellant and the workers at the site. Labor Code §2750.5 – An injured worker, who did not have a contractor’s license, was deemed an employee of Employer, rather …
49 COR 40-8915 [¶23,322] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) and §3203(a)(6) – The proffered evidence showed the Employer failed to implement and maintain an effective Injury and Illness Prevention Program in terms of correcting unsafe conditions. SCAFFOLDING – Title 8, California Code of Regulations, §1621(b) – The …
49 COR 40-8918 [¶23,323R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated February 6, 2025, Inspection No. 1701088. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. …
49 COR 40-8913 [¶23,321R] MOTION FOR PARTY STATUS – Title 8, California Code of Regulations, §354(b) The Board held that those seeking party status do not have to prove through an evidentiary showing that they are an affected employee in order to be granted party status. MOTION TO COMPEL – Title 8, California Code of …
49 COR 40-8911 [¶23,320R] THIRD PARTY STATUS and AFFECTED EMPLOYEES- Title 8, California Code of Regulations, §§354, 347(c) – The Appeals Board granted the ACLU’s request for leave to file its amicus brief, denied the Employer’s motion to strike the TPAs’ Response to the Second Briefing Order or Request to Submit a Reply, and reversed …
49 COR 40-8907[¶23,319] CODE OF SAFE PRACTICES – Title 8, California Code of Regulations, §1704 (f) – The proffered evidence showed the Employer failed to include all provisions for the use of pneumatically-driven nailers in its written Code of Safe Practices. MANUFACTURER’S INSTRUCTIONS – Title 8, California Code of Regulations, §1704(b)(2) – The evidence established …
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 …
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, …