49 COR 40-9003 [¶23,372R] LATE APPEAL – GOOD CAUSE Title 8, California Code of Regulations, §359(d) – Labor Code §§6600, 6601and 6602 – The 15 working day period may be extended by the Appeals Board for good cause. Employer demonstrated good cause for its late appeal. Digest of COSHAB’s Denial of Petition for Reconsideration …
49 COR 40-9003 [¶23,371R] JURISDICTION – PETITION FOR RECONSIDERATION – Labor Code §6614(a) – The Appeals Board lacked jurisdiction to grant Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated November 3, 2025, Inspection No. 1698769. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. …
49 COR 40-8999 [¶23,369R] FAILURE TO APPEAR – GOOD CAUSE Title 8, California Code of Regulations, §383(c) – The Appeals Board found that Employer did not have good cause for failing to appear at the status conference, which was properly noticed. PETITION FOR RECONSIDERATION – VERIFICATION AND SERVICE Labor Code §§6616, 6617 and 6619 – …
49 COR 40-8999 [¶23,370] LOAD HANDLING Title 8, California Code of Regulations, §4999(i)(2) – The ALJ determined the safety order was not applicable because the proffered evidence showed the load (cage) was not considered suspended by the crane. Title 8, California Code of Regulations, §5008(e) – The proffered evidence showed Employer failed to ensure the …
49 COR 40-8995 [¶23,366R] INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §3203(a)(7) The proffered evidence showed Employer failed to provide effective training and instruction regarding the new occupational hazard. SERIOUS VIOLATION – Labor Code §6432(a) The Board determined that the ALJ Decision incorrectly affirmed the Serious classification; it reduced the …
49 COR 40-8991 [¶23,365] CODE OF SAFE PRACTICES Title 8, California Code of Regulations, §1509(a) – The Division established that Employer did not adopt a Code of Safe Practices which related to excavation operations performed at the jobsite. THOROUGH SURVEY Title 8, California Code of Regulations, §1511(b) – The Division established that Employer failed to …
49 COR 40-8989 [¶23,364] INJURY AND ILLNESS PREVENTION PROGRAM Title 8, California Code of Regulations, §3203(a)(6) – The Division established that Employer identified a hazard of workplace violence but did not implement its IIPP to correct the hazard through preventative measures. Title 8, California Code of Regulations, §3203(a)(7) – The Division established that Employer failed …
49 COR 40-8986 [¶23,363R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – Title 8, California Code of Regulations, §1509(a)/§3203(a)(7) The Appeals Board agreed with the ALJ that Employer failed to adequately train on all hazards of the jobsite travel of cranes. TRAVEL OF CRANES – Title 8, California Code of Regulations, §1616.1(t) (now §4999) Employer did …