49 COR 40-8777 [¶23,275] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a) – The evidence proffered by the Division showed Employer failed to effectively train employees to recognize, understand and avoid the hazards of an unloaded crane. CONTROL OF CRANE TRAVEL – Title 8, California Code of Regulations, §1616.1(t)(1) …
49 COR 40-8775 [¶23,274R] PETITION FOR RECONSIDERATION – JURISDICTION – 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 November 8, 2023, Inspection No. 1565033. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board …
49 COR 40-8769 [¶23,272R] FOOT PROTECTION – Title 8, California Code of Regulations, §3385(a) – Employer violated the safety order by failing to require appropriate foot protection for employees exposed to foot injuries from falling objects, crushing and penetrating hazards. Digest of COSHAB’s Decision After Reconsideration dated Nov 8, 2023, Inspection No. 1314092. Ed Lowry, …
49 COR 40-8771 [¶23,273R] MOTION TO SUPPRESS EVIDENCE – The Appeals Board has the authority to review an inspection warrant issued by the Superior Court Judge. The Appeals Board found that the ALJ had jurisdiction to rule on the Motion and properly granted it after determining the warrant had been issued without probable cause. Further, …
49 COR 40-8765 [23,271] OBSERVERS – Title 8, California Code of Regulations, §2940(d) – The evidence proffered by the Division was sufficient to show that Employer did not have a qualified electrical worker in close proximity during the time work was being done on an exposed conductor or exposed parts of equipment. PROTECTIVE EQUIPMENT – …
49 COR 40-8759 [23,270] RESPIRATOR USE – Title 8, California Code of Regulations, §5199(g)(4)(b) – The evidence proffered by the Division was sufficient to show that Employer failed to ensure that employees used a respirator when the employees performed procedures or services for an airborne infectious disease (AirID) case or suspected case. AMENDMENT OF CITATION …
49 COR 40-8753 [23,269] CONSENT TO INSPECTION – Labor Code §6307– The evidence established that Employer’s representative had apparent authority to consent to the inspection and did so. The Division’s inspection was lawful. INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §§3203(a) and (b)(1) and (2) – The evidence established …
49 COR 40-875 [¶23268R] JURISDICTION – GOOD CAUSE Labor Code §6601 – Good Cause is a substantial reason; one that affords a legal excuse. The Appeals Board found good cause for filing of the late appeal and reinstated Employer’s appeal. Digest of COSHAB’s Decision After Reconsideration dated October 6, 2023, Inspection No. 1652414. Ed Lowry, …