Cal/OSH Appeals Board Decisions


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Cal/OSH Appeals Board Decisions

These original rulings of the Cal/OSH Appeals Board are arranged by date. Click on the titles below to access each decision.

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Decisions are stored in PDF format and available for download.

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DOWNLOAD: CLARK PACIFIC PRECAST LLC, DONALD G. CLARK, A CALIFORNIA CORPORATION; & ROBERT E. CLARK, A CALIFORNIA CORPORATION dba CLARK PACIFIC (CLARK PACIFIC), DOCKETS 08-R2D1-027 THROUGH 030
04/30/2010
Beginning July 18, 2007, Jon Weiss, Associate Safety Engineer for the Division of Occupational Safety and Health (Division), investigated an accident at the above address, where Employer maintained a place of employment. On December 17, 2007, the Division cited Employer alleging the following violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations: . . . more »

DOWNLOAD: ADAMS-CAMPBELL COMPANY, LTD, DOCKETS 09-R3D6-2002 AND 2003; 09-R3D6-1995 AND 1996
04/29/2010
On March 25, 2009, an accident investigation was conducted by the Division of Occupational Safety and Health (Division) at 15343 Proctor Avenue, City of Industry, California. Employer makes metal dispensers for paper towels, soap and feminine hygiene products as well as metal water fountains. On June 1, 2009, the Division cited Employer for the following alleged violation of the occupational safety and health standards and orders found in Title 8, California Code of Regulations. . . . more »

DOWNLOAD: STATE ROOFING SYSTEMS INC., DOCKET 08-R1D5-276
04/28/2010
On January 18, 2008, the Division issued two citations alleging violations of occupational safety and health standards to State Roofing Systems Inc. (Employer). Citation 1 alleged a violation of the regulatory injury reporting requirement found in section 342(a); Citation 2 alleged a serious violation of the heat illness Safety Order, section 3395(e)(2) [failure to train supervisor on importance of acclimatization].' The citations arose from events which occurred on August 31, 2007. Employer timely appealed the citations. . . . more »

DOWNLOAD: SAN MATEO UNION HIGH SCHOOL DISTRICT, CAPUCHINO H.S., DOCKET 09-R1D3-9342
04/23/2010
On March 4, 2010, the Occupational Safety and Health Appeals Board (Board) issued a Denial of Petition for Reconsideration in the above-entitled matter. The docket number on the Denial contained an error. By this Errata to the Denial, the Board corrects the docket number as follows: The Docket number should read 09-R1D3-9342 rather than 09- R2D1-9263. This Erratum to the Denial of Petition for Reconsideration relates back to the issuance date of March 4, 2010. . . . more »

DOWNLOAD: PRIME MASTER APPLIANCES, INC., DOCKETS 09-R4D3-2307 AND 2308
04/23/2010
At all relevant times, Prime Master Appliances, Inc. (Employer) was in the heat, ventilation and air conditioning (HVAC) business. On April 29, 2009, the Division of Occupational Safety and Health (Division) opened an accident investigation of Employer at 17450 Burbank Boulevard, Encino, CA 91316, a location where Employer had been performing some work. On June 16, 2009, the Division cited Employer for the following alleged violations of the California Code of Regulations. . . . more »

DOWNLOAD: GARY BURTON DBA GARY BURTON, DOCKETS 08-R2D3-4004 THROUGH 4006
04/23/2010
The Division of Occupational Safety and Health (the Division) issued three citations to Employer alleging violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations. Employer timely appealed the citations. On January 26, 2010, an Administrative Law Judge of the Board issued an Order setting forth the parties' settlement of the appeal. Employer then filed a Petition for Reconsideration of the Order on February 22, 2010. The Division did not file an answer to Employer's petition. . . . more »

DOWNLOAD: VICKERS CONCRETE SAWING, INC., DOCKET 08-R2D1-1826
04/20/2010
Employer works in construction providing cement cutting services. On February 26, 2008, the Division of Occupational Safety and Health (the Division), through Associate Safety Engineer Tara Kerle (Kerle), conducted a complaint inspection at a place of employment maintained by Employer at 3200 Jefferson Blvd., West Sacramento, California (the site). On April 15, 2008, the Division cited Employer for the following alleged violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations: . . . more »

DOWNLOAD: SHEEDY DRAYAGE CO., DOCKETS 08-R1D4-3395 AND 3396
04/20/2010
Sheedy Drayage Co. ("the Employer") is a licensed building construction contractor. Beginning on April 22, 2008, the Division of Occupational Safety and Health ("the Division") through Associate Safety Engineers Sean Sasser and Abigail Fabricante conducted a "plain view" or unplanned inspection at 550 18th Street in Oakland, California, where the Employer was engaged in constructing a crane. On July 28, 2008, the Division cited Employer for the following alleged violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations: . . . more »

DOWNLOAD: JVC TRUCK LINES, INC., DOCKET 09-R6D2-2752
04/19/2010
On February 5, 2009, an accident investigation was conducted by the Division of Occupational Safety and Health (Division) at 1521 Pier J Avenue, Long Beach, California. Employer operates a trucking company, which hauls containers to local destinations. On July 28, 2009, the Division cited Employer for the following alleged violation of the occupational safety and health standards and orders found in Title 8, California Code of Regulations. . . . more »

DOWNLOAD: CABRERA CONTRACTING INC., DOCKET 08-R1D2-3475
04/15/2010
Cabrera Contracting Inc. ("the Employer"), is a farm labor contractor, working exclusively in strawberry cultivation and harvesting. From July 9 through 30, 2008, the Division of Occupational Safety and Health ["the Division"], through associate safety engineer Jean Burton, (Burton) conducted a programmed inspection at 880 Williams Road, in Salinas, California, where the Employer's crews were working. . . . more »

DOWNLOAD: HARRIS SALINAS REBAR INC., DOCKET 08-R1D3-3621
04/12/2010
Harris Salinas Rebar ("the Employer"), is a licensed construction contractor. From March 6, 2008 through September 2, 2008 the Division of Occupational Safety and Health ["the Division"], through associate safety engineer Mario Chacon ("Chacon") conducted an accident investigation at State Highway 101 at Broadway Avenue in Burlingame, California, where the Employer (and other firms) were constructing a pedestrian overpass over the highway. On September 3, 2008, the Division cited Employer, alleging the following violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations,' with proposed penalties as set out below. . . . more »

DOWNLOAD: KINETIC SYSTEMS, INC., DOCKET 06-R2D2-3627
04/08/2010
The Occupational Safety and Health Appeals Board (Board), acting pursuant to authority vested in it by the California Labor Code hereby issues the following decision after reconsideration in response to the two petitions for reconsideration filed in the above entitled matter respectively by Kinetic Systems, Inc. (Employer) and the Division of Occupational Safety and Health (the Division).' For the reasons explained in detail following, we deny Employer's petition and grant the Division's petition. . . . more »

DOWNLOAD: DAVIS BROTHERS FRAMING, INC., DOCKETS 05-R3D3-634 THROUGH 636
04/08/2010
Between September 22, 2004, and February 8, 2005, a representative of the Division of Occupational Safety and Health (the Division) conducted an investigation at a place of employment maintained by Davis Brother's Framing (Employer) at the northwest corner of Miller Avenue and Almeria Avenue in Fontana, California. On February 8, 2005, the Division issued three citations to Employer, each of which alleged a single violation. Employer filed a timely appeal contesting the citations. . . . more »

DOWNLOAD: OWENS-ILLINOIS GLASS CONTAINER INC., DOCKETS 09-R1D4-2021 AND 2022
04/06/2010
Owens-Illinois Glass Container Inc. ("the Employer"), is a national glass-container manufacturing company. From September 23, 2008 through March 10, 2009 the Division of Occupational Safety and Health ['the Division% through associate safety engineer Mark Katz ("Katz") and senior safety engineer Patrick Bell ("Bell") conducted a complaint inspection at the Employer's bottle-manufacturing facility at 3600 Alameda Avenue in Oakland, California. On March 11, 2009, the Division cited Employer, alleging the following violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations,1 with proposed penalties as set out below. . . . more »

DOWNLOAD: P. W. STEPHENS, INC., DOCKET 09-R3D2-2910
04/05/2010
P. W. Stepheris Inc. is a contractor in the business of removing asbestos, lead, and mold. Beginning February 19, 2009, the Division of Occupational Safety and Health (the Division) through Associate Cal/OSHA Engineer Melissa Brittan conducted a programmed inspection at a place of employment maintained by Employer at 553 El Dorado Drive, Escondido, California (the site). On July 13, 2009, the Division cited Employer for the following alleged violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations: . . . more »

DOWNLOAD: BOMEL CONSTRUCTION COMPANY INC., DOCKET 09-R3D1-2583
04/05/2010
Bomel Construction Company Inc. (Employer) is a construction contractor. Beginning July 8, 2009, the Division of Occupational Safety and Health (the Division) through Associate Cal/OSHA Engineers Alvino Aguilera and Mary Ann Efron conducted a planned heat sweep inspection at a place of employment maintained by Employer at 800 North State College Boulevard, Fullerton, California (the site). On July 16, 2009, the Division cited Employer for the following alleged violations of the occupational safety and health standards and orders found in Title 8, California Code of Regulations: . . . more »

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