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Cal/OSH Appeals Board Decisions


Appeals Board decisions: Are your safety basics up to snuff? These employers' weren't
April 2014
Did you ever miss a complicated problem on a math test, not because it was complicated but because at some point while you were working through the problem, you looked at 2+3 and inexplicably wrote "6"? . . . more »
Appeals Board decisions: Will a variance application excuse an employer from a settlement agreement?
March 2014
Sometimes complying with a Cal/OSHA standard is impossible. Other times, the standard's requirements provide inadequate employee protection, or the employer may simply have a better solution. It's also possible that more than one standard might apply, and the employer must choose how to proceed. . . . more »
Citations: Employer draws $54,000 in fines for worker's elevator death
March 2014
Donald White, a 63-year-old worker, was helping install an elevator at the new Levi's Stadium, the future home of the San Francisco 49ers in Santa Clara, on June 11, 2013. White was standing on a ladder beneath the counterweight of a freight elevator, installing equipment in the counterweight runway, when the counterweight came down. It struck and killed him. . . . more »
Appeals Board decisions Workers are struck; Employers' appeals are struck down
February 2014
Sometimes a worker is in the wrong place at the wrong time--for example, right in the path of something that's about to move. That's what happened to two workers who were struck by objects that moved unexpectedly. In both cases, the employers were held liable because of failures at the management level. . . . more »
Appeals Board decisions: Employer takes a double hit; Welding and confined spaces pose twice the hazard
January 2014
Based on an employee complaint, Cal/OSHA inspected ASC Process Systems, Inc., in Valencia. ASC manufactures autoclaves and water cooling tanks. . . . more »
Appeals Board decisions: Employer runs afoul of reporting requirements; 'Work-relatedness' does not affect reportability
December 2013
If a worker falls from a scaffold, gets caught in a piece of machinery, is injured in a collision while driving the employer's delivery truck, or is otherwise seriously hurt at work, it's clear that the injury is work-related, recordable, and reportable. . . . more »
Machine guarding: Employer draws $200,000 in fines, willful citations in temp worker's death; Where it went wrong
November 2013
David Eleidjian was mixing industrial adhesive at Henkel Corporation's Bay Point plant (in Contra Costa County) on April 15, 2013, when he became entangled in the mixer's rotating shaft. The machine pulled him in, crushing his legs. . . . more »
Appeals Board decisions: The $50,000 question: Were safe clearance procedures required?
November 2013
On March 17, 2010, four track workers for the Bay Area Rapid Transit (BART) system were sent to perform maintenance near the Bay Fair Station in San Leandro. . . . more »
Special Report included with this issue: Get on board: What you need to know about the OSHSB and OSHAB
October 2013
Most employers are aware of Cal/OSHA and what the agency does—but employers should also know about two other agencies that play a significant role in creating and enforcing Cal/OSHA standardsR . . . more »
Appeals Board decisions: 2 employers pay steep penalties when workers fall from unsafe scaffolds; What the employers did wrong
October 2013
In May 2011, a foreman working for XL Plastering was climbing off the roof of a building under construction in Beverly Hills onto a four-level scaffold, when he slipped and fell 26 feet to the sidewalk below. The foreman died of his injuries 2 days after the fall. . . . more »
Appeals Board decisions: Employer to pay $10,800 fine because its worker wore gloves; When are gloves a bad idea?
September 2013
Severiano Barajas was disciplined by his employer, the Art and Craftsmen woodworking shop in Pacoima, multiple times for violating safety rules. On one occasion, he caught his glove in a shaper machine and cut his right index finger. On another occasion, he was fired for coming to work drunk; he was later rehired. . . . more »
Appeals Board decisions: Can the board order reconsideration to reclassify a citation as willful?
August 2013
In October 2008, 44-year-old James Strickland was walking along the Bay Area Rapid Transit (BART) tracks in Concord, performing a maintenance inspection, when a BART train struck and killed him. The tragic incident led to an unusual turn of events after Cal/OSHA issued citations for the accident and appeals ensued. . . . more »
Appeals Board decisions: Was the employer in compliance under a 'grandfather' clause?
July 2013
Cal/OSHA received a complaint about unsafe working conditions at North State Grocery, a medium-sized grocery store in Auburn (in Placer County), and sent an inspector out to the market. In the meat-cutting area, the inspector noticed that a band saw used for cutting meat had a partially unguarded blade. . . . more »
Appeals Board decisions: Was the general contractor the controlling employer? OSHAB reconsiders
June 2013
Harris Construction Company was the general contractor for a project at Madera Community College in Madera in the summer of 2003 and subcontracted with Champion Industrial Construction to perform pipe fitting work. When a Champion employee was injured, Harris was cited as a controlling employer under California's multi-employer workplace standard. . . . more »
Appeals Board decisions: Employer obtains penalty relief from serious/willful violations; Find out how
April 2013
On December 14, 2010, workers for TL Pavlich Construction were installing a 30-inch-diameter water pipe 12 feet underground at a worksite in Montebello (in Los Angeles County). The site was contaminated by abandoned oil and gas wells nearby. . . . more »
Appeals Board decisions: What did the supervisor see? 2 employers lose appeals based on supervisor awareness of a violation
March 2013
When workers do something unsafe that violates company rules, their safety training, and Cal/OSHA standards, it's not usually the employer's fault. That's why the independent employee action defense (IEAD) is a recognized defense against Cal/OSHA citations. . . . more »
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