49 COR 40-9033 [¶23,384] EMPLOYER-EMPLOYEE RELATIONSHIP – Labor Code §§2772 The proffered evidence showed Employer did not establish the three parts of the ABC test. The workers were found to be Employer’s employees. DUAL EMPLOYMENT – The ALJ determined Employer was a secondary employer of the employees. ANNUAL PERMIT – Title 8, Cal. Code of …
49 COR 40-9027 [¶23,382] EMPLOYER-EMPLOYEE RELATIONSHIP – Labor Code §§2772 and 2750.5 The proffered evidence showed Employer did not establish all three parts of the ABC test. The workers did not have a license which was required for the work performed. They were found to be Employer’s employees. INJURY AND ILLNESS PREVENTION PROGRAM – Title …
49 COR 40-9030 [¶23,383] STATUTE OF LIMITATIONS – Labor Code §6317 – The Division presented insufficient proof to establish that the citation was issued within six months of the occurrence of the violation. Digest of COSHAB ALJ’s Decision dated December 31, 2025, Inspection No 1518442 (Tulare) Wieru Wang, Administrative Law Judge For Employer: Matthew …
49 COR 40-9024 [¶23,379] HEAT ILLNESS AND INJURY PREVENTION PLAN – Title 8, California Code of Regulations, §3395(a) The proffered evidence established the HIPP did not include high heat procedures and acclimatization procedures. ELEVATED LOCATIONS – GUARDRAILS – Title 8, California Code of Regulations, §3210(c) The proffered evidence showed Exception 9 applied and Employer was …
49 COR 40-9021 [¶23,380] REPORTING SERIOUS INJURY – Title 8, California Code of Regulations, §342(a) The Division met its burden to show Employer failed to report a serious injury. PUSH STICKS OR PUSH BLOCKS FOR TABLE SAWS – Title 8, California Code of Regulations, §4300.1(c)(2) The proffered evidence showed Employer failed to provide suitable push …
49 COR 409026 [¶23,381R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code §6614(a) – The Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated December 19, 2025, Inspection No. 1675024. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. Background. …
49 COR 40-9017 [¶23,378R] CODE OF SAFE PRACTICES – Title 8, California Code of Regulations, §1704(f) The Division’s proffered evidence showed Employer failed to include adequate warnings regarding the safe use of the nail gun in its COSP. MANUFACTURER’S INSTRUCTIONS – Title 8, California Code of Regulations, §1704(b)(2) The Division’s proffered evidence showed the nail …
49 COR 40-9015 [¶23,377] ILLNESS AND INJURY PREVENTION PROGRAM (IIPP) Title 8, California Code of Regulations, §1509(a) – The evidence presented demonstrated that the Division met its burden to show that Employer failed to effectively implement its IIPP by adequately analyzing and correcting known hazards at the worksite. CONSTRUCT, INSTALL OR MAINTAIN POSITIVE STOPS Title …