49 COR 40-8679[¶23,243R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – PETITION FOR RECONSIDERATION Labor Code § 6617 – Grounds upon which a petition for reconsideration may be based. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – DOCKETING AND PERFECTING AN APPEAL California Code of Regulations, Title 8, § 359.1 sets forth Appeal Board requirements for docketing …
49 COR 40-8677 [¶23,241R] APPEAL – LATE FILING Labor Code §§ 6600, 6601 – Employer was required to petition for reconsideration within 30 days. Employer failed to demonstrate good cause for filing a response to an Order approximately three months late. As a result, the Board lacked jurisdiction to grant Employer’s petition for reconsideration. Digest …
49 COR 40-8677 [¶23,242R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – INTERLOCUTORY REVIEW Board precedent holds that reconsideration will not be granted concerning interlocutory rulings with exceptions recognized. Review of interlocutory order may be appropriate where it concerns an issue of first impression of general importance to the legal profession, or where it may implicate …
49 COR 40-8675 [¶23,240R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) California Code of Regulations, Title 8, § 1509(a) – The evidence proffered by the Division, including testimony, as a whole was sufficient to establish the violation and overcome Employer’s evidence when determining whether Employer, through its employee, failed to effectively identify, evaluate and correct workplace …
49 COR 40-8671 [¶23,238R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – BASIS FOR RECONSIDERATION Labor Code § 6617 (2023) – Employer’s petition failed to assert grounds upon which the Board may have considered reconsideration. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – FILING AN INTENT TO APPEAL AND LATE APPEALS Cal. Code Regs, tit. 8, § …
49 COR 40-8667 [23,237] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Inspection and Training Records – California Code of Regulations, title 8, § 3203(b) (2020) The evidence proffered by the Division, including submission of training sheets, was sufficient to establish the violation that Employer failed to include training provider information in its training records. IIPP …
This issue of Cal-OSHA Reporter marks the return of our Decisions section, which was, of necessity, put on hiatus after the untimely death of former Case Editor Mark Webb. As previously reported, the new editor is Ursula Clemons-Heslip, former presiding administrative law judge for Southern California for the Cal/OSHA Appeals Board. This week’s primary case …
Providence Publications, publisher of Cal-OSHA Reporter, is proud to announce Ursula Clemons-Heslip as the new Case Decisions Editor. She succeeds Mark Webb, who succumbed to cancer. Clemons-Heslip is a name familiar to California’s occupational safety and health arena. She is the former Presiding Administrative Law Judge for the Southern California division of the Cal/OSHA Appeals …