49 COR 40-9103 [¶23,419R] PETITION FOR RECONSIDERATION – VERIFICATION Labor Code §6616 – Employer’s Petition for Reconsideration was not verified. Digest of COSHAB’s Denial of Petition for Reconsideration dated July 24, 2026, Inspection No. 1637991. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. Amirian Management Co. …
49 COR 40-9095 [¶23,416] MACHINE GUARDING – Title 8, California Code of Regulations, §4002 (a) – The evidence proffered by the Division established that the mixer was guarded by location. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Title 8, California Code of Regulations, §334(c)(1) – The causal nexus between the Serious violation and the injury …
49 COR 40-9096 [¶23,417R] FALL PROTECTION and LADDER SAFETY – Title 8, California Code of Regulations, §1670(a) and §1675(b) The Appeals Board concluded that Employer’s work required fall protection and Employer was not entitled to the “greater hazard” defense. The Appeals Board concluded that Employer failed to ensure proper ladder use. AFFIRMATIVE DEFENSE – INDEPENDENT …
49 COR 40-9100 [¶23,418] FALL PROTECTION – Title 8, California Code of Regulations, §2940.6(b) – The proffered evidence established that employer failed to ensure the use of fall protection while work was performed at an elevated location. STATUTE OF LIMITATIONS – Labor Code §6317(e)(1) – The citation was timely issued given the Governor’s Executive Orders, …
49 COR 40-9091 [¶23,414] INJURY AND ILLNESS PROTECTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(4) and (a)(7) The proffered evidence showed Employer had procedures for identifying hazards and implemented them with respect to the work that gave rise to the accident. There was no evidence that Employer failed to provide adequate training to …
49 COR 40-9092 [¶23,415R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a) The Appeals Board concluded that Employer effectively implemented its IIPP which included methods and/or procedures for correcting unsafe or unhealthy work hazards. Citation 2 was vacated. CONTROL OF OCCUPATIONAL DISEASES – DUSTS, FUMES, MISTS, VAPORS AND GASES, …
49 COR 40-9089 [¶23,413] INJURY AND ILLNESS PROTECTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(7) The proffered evidence showed Employer had properly trained its employees. MACHINE GUARDING – Title 8, California Code of Regulations, §4002 (a) – The evidence proffered by the Division established that the mixer was guarded by location. ASSESSMENT OF …
49 COR 40-9086[¶23,412R] JURISDICTION – PETITION FOR RECONSIDERATION Title 8, California Code of Regulations, §6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration of the Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated June 22, 2026, Inspection No. 1691261. Ed Lowry, Chair. Judith S. Freyman, Board Member. …