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Home | Cal/OSH Decisions

Cal/OSH Appeals Board Decisions

Appeals Board decisions: Can you violate both LOTO and machine guarding standards at the same time?
April 2015
The lockout/tagout (LOTO) and machine guarding standards make an unusual pair. Both are intended to protect workers from the hazards of moving machinery, and they address the same hazards--but in different, task-specific ways. . . . more »
Appeals Board decisions: Did missing piece of employer's LOTO program cause worker's missing finger?
March 2015
Your lockout/tagout program is intended to prevent injuries when a machine or piece of equipment moves unexpectedly. These injuries can occur when a worker places a part of his or her body into a machine's point of operation, power transmission apparatus, or other moving parts or areas that could unexpectedly release hazardous energy. . . . more »
Appeals Board decisions: Employer burned by scattered documents; Do you know where your written plan is?
February 2015
Cal/OSHA is serious about enforcing its heat illness prevention standard, General Industry Safety Orders (GISO) Section 3395. Sacramento-based Rosendin Electric discovered this the hard way during a "heat sweep" the agency conducted on August 15, 2012. . . . more »
Appeals Board decisions: A tale of 2 applicable standards; Does it matter which one Cal/OSHA cites?
January 2015
On August 3, 2011, David Martinez was working on the second floor of a four-unit residential building that was under construction. Martinez was looking for a spot to install a brace when he stepped into a floor hole that had been left open for the placement of stairs. He fell 12 feet to the cement foundation and was seriously injured. . . . more »
Appeals Board decisions: Board rules that primary employers cannot delegate safety responsibilities
November 2014
At Aware Products in Chatsworth, workers manufacture and package shampoos, lotions, and other personal care products. Maria Mata, a temporary employee leased to Aware by Staffchex, a temporary agency, had worked at the facility for 5 years, operating a bottle filling and capping machine. Four to six times a week, the machine would jam. . . . more »
Appeals Board decisions: Can trucks provide shade for workers? Not if they're parked
September 2014
The June 2014 issue of COCA covered a case in which an employer whose usual shade structure had been damaged provided alternate shade from an open trailer with a roof. The Cal/OSHA Appeals Board ruled in that case that the employer met its obligation to provide shade, water, and seating for workers. . . . more »
Appeals Board decisions: When a written IIPP varies from real-time conditions, does it do the job?
August 2014
When you're preparing your injury and illness prevention program (IIPP), you have a lot of boxes to check and items to cover, and it's important that you address each one. . . . more »
Appeals Board decisions: Just because it's 'in writing' doesn't mean it's a 'written plan'
July 2014
On August 15, 2012, Cal/OSHA inspected the worksite of Rosendin Electric, an electrical subcontractor performing work in a Sacramento parking garage. The inspector requested a copy of Rosendin's heat illness prevention plan, but the employer was unable to provide one at the time. . . . more »
Appeals Board decisions: Was a temporary shade structure a shady deal for workers?
June 2014
On April 21, 2009, about 30 workers for Sunrise Growers Frozsun Foods, of Placentia, were harvesting strawberries. The day started out mild, but by 11:00 a.m., temperatures climbed above 90 degrees, and workers needed a break and some shade. . . . more »
Appeals Board decisions: Was workers' action foreseeable, or an 'extreme departure' from assigned task?
May 2014
At Land O' Lakes Purina Feed in Turlock, two temporary employees were assigned to sweep waste feed into bags on the facility's fifth floor. Once the waste feed was bagged, the workers were supposed to carry the bags down the stairs to the fourth floor, where it would be dumped into a chute. . . . more »
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 »
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