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ANHEUSER-BUSCH, LLC DBA ANHEUSER-BUSCH

49 COR 40-8845 [¶23,294R] HAZARDOUS ENERGY CONTROL – Title 8, California Code of Regulations, §3314(c) and (g) – The Division met its burden to establish that Employer failed to de-energize and block or lock out a machine during cleaning operations. Employer also failed to establish and utilize machine-specific hazardous energy control procedures. MINOR SERVICING EXCEPTION … Read More »

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BOBBY GILBERT DBA B & J TREE SERVICE

49 COR 40-8841 [¶23,292R] 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 July 22, 2024, Inspection No. 1631420. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, Board Member. … Read More »

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CALVARY CHAPEL OF SAN JOSE

49 COR 40-8842 [¶23,293R] GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE – The Appeals Board determined the good faith exception does not apply when the investigator or declarant intentionally or recklessly omits material information or misleads the judge in an affidavit in support of a search warrant. And, irrespective of intentional or reckless acts, there … Read More »

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NATURAL ALTERNATIVES INTERNATIONAL, INC.

49 COR 40-8839 [¶23,291R] EVIDENCE/WITNESS TESTIMONY – Title 8, California Code of Regulations, §376.1 The taking of evidence in a hearing shall be controlled by the Appeals Board in the manner best suited to ascertain the facts and safeguard the parties’ rights. Digest of COSHAB’s Decision After Reconsideration and Order of Remand dated June … Read More »

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THE HERRICK CORPORATION

49 COR 40-8835 [¶23,290] SAFETY DEVICES MAINTAINED IN SAFE SANITARY CONDITION – Title 8, California Code of Regulations, §1514(d) – The evidence proffered showed that the Employer failed to ensure that personal protective equipment (hard hat) was maintained safely, sanitary. LABELING OF PERSONAL FALL RESTRAINT – Title 8, California Code of Regulations, §1670(l) – The … Read More »

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HAMILTON IRON WORKS

49 COR 40-8829 [¶23,289R] SERIOUS INJURY REPORTING – Title 8, California Code of Regulations, §342(a)(1) – The evidence presented showed the Employer failed to report a serious injury to the Division immediately. CITATION – PARTICULARITY/NOTICE REQUIREMENT – Labor Code §6317 – The Appeals Board determined that a citation for a general violation was written with … Read More »

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C H D S, INC. DBA CURTIS DRILLING COMPANY

49 COR 40-8828 [¶23,288R] JURISDICTION – PETITION FOR RECONSIDERATION Labor Code § 6614(a) – The Appeals Board lacked jurisdiction to grant reconsideration over Employer’s untimely petition for reconsideration. Digest of COSHAB’s Denial of Petition for Reconsideration dated May 23, 2024, Inspection No. 1666704. Ed Lowry, Chair. Judith S. Freyman, Board Member. Marvin P. Kropke, … Read More »

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EMPLOYBRIDGE HOLDING COMPANY DBA SELECT STAFFING

Editor’s Note: The Digest for the EmployBridge Holding Company ALJ Decision dated May 24, 2024, was published in the June 28, 2024 Cal/OSHA Reporter incorrectly with the assigned Digest No. 23,286. The Correct Digest No. is 23,287. We have corrected this online. We apologize for any inconvenience this may have caused. 49 COR 40-8825 … Read More »

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