49 COR 40-8842 [¶23,293R] GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE – The Appeals Board determined the good faith exception does not apply when the investigator or declarant intentionally or recklessly omits material information or misleads the judge in an affidavit in support of a search warrant. And, irrespective of intentional or reckless acts, there …
49 COR 40-8839 [¶23,291R] EVIDENCE/WITNESS TESTIMONY – Title 8, California Code of Regulations, §376.1 The taking of evidence in a hearing shall be controlled by the Appeals Board in the manner best suited to ascertain the facts and safeguard the parties’ rights. Digest of COSHAB’s Decision After Reconsideration and Order of Remand dated June …
49 COR 40-8835 [¶23,290] SAFETY DEVICES MAINTAINED IN SAFE SANITARY CONDITION – Title 8, California Code of Regulations, §1514(d) – The evidence proffered showed that the Employer failed to ensure that personal protective equipment (hard hat) was maintained safely, sanitary. LABELING OF PERSONAL FALL RESTRAINT – Title 8, California Code of Regulations, §1670(l) – The …
49 COR 40-8829 [¶23,289R] SERIOUS INJURY REPORTING – Title 8, California Code of Regulations, §342(a)(1) – The evidence presented showed the Employer failed to report a serious injury to the Division immediately. CITATION – PARTICULARITY/NOTICE REQUIREMENT – Labor Code §6317 – The Appeals Board determined that a citation for a general violation was written with …
49 COR 40-8828 [¶23,288R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code § 6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated May 23, 2024, Inspection No. 1666704. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, …
Editor’s Note: The Digest for the EmployBridge Holding Company ALJ Decision dated May 24, 2024, was published in the June 28, 2024 Cal/OSHA Reporter incorrectly with the assigned Digest No. 23,286. The Correct Digest No. is 23,287. We have corrected this online. We apologize for any inconvenience this may have caused. 49 COR 40-8825 …
49 COR 40-8821 [¶23,286] INJURY AND ILLNESS PREVENTION PLAN Title 8, California Code of Regulations, §3203(a)(4) – The evidence proffered showed that the Employer effectively had procedures in place identifying and evaluating workplace hazards, including “scheduled periodic inspections MACHINERY AND EQUIPMENT – POINT OF OPERATION Title 8, California Code of Regulations, §4207(a) – The evidence …
49 COR 40-8815 [¶23,285R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Title 8, California Code of Regulations, §3203(a)(4) – The Division did not meet its burden in proving that Employer failed to effectively implement its IIPP. HAZARDOUS ENERGY CONTROL – TRAINING ON WRITTEN LOCKOUT/TAGOUT PROCEDURES Title 8, California Code of Regulations, §3314(l)(1) – The evidence presented …