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 hazards. MULTI-EMPLOYER WORKSITE California Code of Regulations, Title 8, § 336.10(b) - The employer who actually creates a hazard on a multi-employer worksite is responsible for any citation that results from that hazard. DUAL EMPLOYMENT The primary employer loans or leases employees to the secondary employer which has the right to control the daily work activities of the primary employer’s employees. Requirements of section 3203(a) apply equally to both primary and secondary employers. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) (2020) – Failure in its safety responsibilities at the jobsite, including adequate supervision and oversight and failure to ensure the effective implementation of its IIPP supports a finding that the employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTIES The Citation, including a classification of Serious-Accident Related, was affirmed and the proposed penalty was properly assessed.Digest of COSHAB-Decision After Reconsideration dated April 7, 2023, Inspection No. 1380273.
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