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 …
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. …
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 …
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 …
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 …
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 …
49 COR 40-8883 [¶23,310R] JURISDICTION—PETITION FOR RECONSIDERATION – Labor Code §§6616 and 6617— Employer’s petition failed to state any of the grounds upon which reconsideration could be granted. Labor Code §6601 – Employer failed to establish good cause for its incomplete appeal. Digest of COSHAB’s Denial of Petition for Reconsideration dated December 5, 2024, Inspection …
49 COR 40-8879 [¶23,308R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6601 – Employer failed to show “good cause” for filing of its late appeal. Digest of COSHAB’s Denial of Petition for Reconsideration dated November 7, 2024, Inspection No. 1539535. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. …