49 COR 40-8673 [¶23,239]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – California Code of Regulations, Title 8, § 3202(a) – The evidence proffered by the Employer was sufficient to establish there was no violation. Employer effectively established, implemented and maintained an effective IIPP which contained methods and procedures for correcting unsafe conditions and work practices. ENGINEERING CONTROLS California Code of Regulations, Title 8, § 5141(a) - Employer established there was no violation. To establish a violation, two elements must be shown: (1) existence of harmful exposures and (2) failure to use feasible engineering controls, to prevent the hazard. Although harmful exposures existed, Employer used feasible engineering controls to prevent the hazard. ASSESSMENT OF CIVIL PENALTIES The Citation was dismissed. No penalties assessed.Digest of COSHAB-ALJ’s Decision dated March 23, 2023, Inspection No. 1488312 (Bakersfield, CA)
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