49 COR 40-8649 [¶23,229] DETERMINATION OF CITABLE EMPLOYER IN MUTLI-EMPLOYER WORKSITE – CONTROLLING EMPLOYER California Code of Regulations, title 8, § 336.10(b) (2019) – While contractual language can be relevant to determining if Employer met the definition of “controlling employer,” the Employer’s actual practices at the worksite were also considered in finding Employer was a …
The Cal/OSHA Appeals Board has issued what amounts to a precedential decision on a key issue. The case narrows down what “as close as practicable” means in terms of providing water to prevent heat illness. The DAR also gives clarity on how a violation qualifies as a repeat. And in an unusual move, the Board …
49 COR 40-8643 [¶23,227R] SAFE PRACTICES AND PERSONAL PROTECTION – PROVISION OF WATER California Code of Regulations, title 8, § 3395(c) (2019) – Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably …
49 COR 40-8643 [¶23,228R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – BASIS FOR RECONSIDERATION Labor Code § 6617 (2021) – Employer’s petition failed to assert grounds upon which the Board may have considered reconsideration. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – GOOD CAUSE FOR LATE APPEAL California Code of Regulations, title 8 § 359(d) – …
49 COR 40-8644 [¶23,226R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – PROCEDURES FOR IDENTIFYING AND EVALUATING WORKPLACE HAZARDS Cal. Code Regs, tit. 8, § 3203(a)(4) (2018) – Employer failed to establish, implement, and maintain an effective IIPP, because it did not effectively implement its procedures for identifying, evaluating, and correcting hazards associated with suspended loads, …
49 COR 40-8643 [¶23,225R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – BASIS FOR RECONSIDERATION Labor Code § 6617 (2021) – Employer’s petition failed to assert grounds upon which the Board may have considered reconsideration. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – JURISDICTION. California Code of Regulations, title 8, § 359(d) (2021) – The Board lacks …
A 10-foot fall by a construction worker at a Rancho Cordova residential project in 2016 turned into an almost eight-year legal battle between his employer and Cal/OSHA. The case, L&S Framing, has reached the California Court of Appeal, where the employer’s attorney, Manuel Melgoza, accuses the Appeals Board and Division of Occupational Safety and Health …
49 COR 40-8640 [¶23,224R] OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – WAIVER OF DEFENSES Labor Code § 6618 (2022) – Having conceded that an actual causal nexus exists by not disputing the violation was Accident-Related, the Employer cannot plausibly deny that there was a realistic possibility that the violation could lead to death or serious …