state of california california … · aaron jackson, industrial relations counsel lee berlin, staff...

STATE OF CALIFORNIA CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD

MINUTES OF THE PUBLIC MEETING & CLOSED SESSION Held on October 19, 2017 Sacramento, California

PRESENT: Art Carter, Chair Ed Lowry, Member Judithth Freyman, Member Han Ha, Executive Officer Jeff Mojcher, Chief Counsel Ursula Clemons, Presiding Administrative Law Judge Autumn Gonzalez, Industrial Relations Counsel Aaron Jackson, Industrial Relations Counsel Lee Berlin, Staff Services Manager Janis Jonas, Management Services Technician Andia Farzaneh, Graduate Student Assistant Patricia Hapgood, Assistant Executive Officer NOTE: Attached to these minutes are authorizations signed by Chair Carter delegating Member

Judith Freyman as Chairperson for today’s Board meeting and allowing Han Ha to act as Deputy Board member.

MINUTES OF October 5, 2017 MEETING: (Approve or amend minutes of previous Board meeting)

ACTION: Member Lowry moved that the Board approve the draft minutes of the October 5, 2017 Board meeting as amended. Member Freyman seconded. The Board voted to approve the draft minutes of the October 5, 2017 Board meeting as amended. The vote was 2-0.

NEW BUSINESS: (The Appeals Board hears and discusses new reports presented by staff.)

ACTION: No report.

OLD BUSINESS: (The Appeals Board hears and/or discusses matters on a follow-up basis.)

ACTION: There was a discussion in regards to the November 16, 2017 Board meeting being held at the West Covina Board office. Due to the meeting beginning at 9:30 AM, Board members and staff will travel to West Covina on Wednesday November 15, 2017.

LEGISLATION: (Review and discuss current legislation which may affect the Appeals Board)

ACTION: Governor Brown has vetoed a Bill involving employers to provide a copy of IIPP to employees. The Standards Board is considering a similar Bill.

CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD Minutes of the Public Meeting and Closed Session For October 19, 2017

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CHAIRPERSON’S REPORT: (Hear report from the Chairperson on activities and issues affecting the Appeals Board.)

ACTION: No report.

BOARD MEMBERS’ REPORTS: (Hear reports from Board Members on activities and issues affecting the Appeals Board.)

ACTION: No report

EXECUTIVE OFFICER’S REPORT: (Report regarding administrative matters)

OPERATIONS UPDATE: It was reported that Andia Farzaneh is now an employee of the Board as a Graduate Legal Assistant. Several staff members of the Board’s Sacramento office have been working with staff at the West Covina office in developing standardized procedures for all the Board’s Senior Legal Typists, Office Technicians and Office Assistants.

OASIS continues to be updated and enhanced to meet the Board’s needs. Yvette Torres is leaving the Board to take a position with a different State agency. Her last day with the Board is Oct. 20, 2017 The Board will be posting the job opening and interviewing applicants by the end of this month. Judge Christopher P. Merrill will be joining the Board full time as of December 1, 2017. The Board has hired Rhea Yoo as a new Hearing Officer in the West Covina office. She will begin November 6, 2017.

STAFF REPORTS: (Reports from the Presiding ALJ and the Chief Counsel regarding matters from the Hearing Operations and Legal Units.)

1. REGULATIONS: Discussion on status of proposed changes to regulations 359.1 and 361.3 and update on associated Pilot Program.


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2. LITIGATION UPDATE: A court date of April 23, 2018 has been set for the Avalon Bay Communities case.

Member Freyman asked for a statistical report on the number of writs filed and their results.

Any matter not completed at this meeting may be continued to subsequent meetings. If the closed session agenda is not completed on the scheduled day, the closed session will continue from day to day until completion and adjournment. PUBLIC COMMENT: (Public comment will be entertained during discussion of each agenda item of the Open Meeting.)

ACTION: No report.

The Board recessed to its closed session. DECISIONS OF ADMINISTRATIVE LAW JUDGES: (Written decision issued by an Administrative Law Judge. The decision summarizes the evidence received from the Division of Occupational Safety & Health and the Employer, makes findings of fact for all issues involved in the appeal and gives reasons and grounds for the decision. The Board Members review the decision and decide if they will reconsider the ALJ decision on their own motion.)

1040471 Blue Diamond Growers

ACTION: Approved Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

1099855 FedEx Freight Inc.


1194157 Granite Construction – General Region



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PETITIONS FOR RECONSIDERATION: (The Division of Occupational Safety & Health and the Employer each has the right to petition the Appeals Board to reconsider a decision or order of an Administrative Law Judge. The Appeals Board must decide to grant or deny each petition.)

1115442 Behring-Hofmann Educational Institute dba Blakhawk Museum

ACTION: Granted Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

1141604 Boy Racer Inc. dba Burning Angel


1217459 USA Yakudori, Inc. dba Hinotez


1093606 Walsh/Shea Corridor Constructiors

ACTION: Held over ORDERS DISMISSING APPEAL:

1141058 Acute Response Transport A.R.T. Ambulance


1195933 John Holden dba S & H 4 Wheel Drive


1181598 South West Sun Solar, Inc.



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ORDER DENYING LEAVE TO FILE LATE APPEAL

1216985 GSL Politis Inc.

ACTION: Board to reconsider on its own motion. Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

1208040 Yakar General Contractors

ACTION: Board to reconsider on its own motion. Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

MATTERS HELD OVER FROM PREVIOUS MEETINGS: (If the Board is unable to conclude its deliberations and/or if any matter(s) is (are) put over from a previous meeting, they will be further discussed. MATTERS PENDING RECONSIDERATION: (If the Appeals Board orders reconsideration of an Order or Decision, it reviews the record and then affirms, rescinds, alters or amends the Order or Decision being reconsidered.)

Ashley Furniture Industries, Inc., 1016514 Beazer Homes Holdings Corp, 1077503 Cybernet Entertainment, LLC, 14-R6D1-0364 J Guadalupe Mitchell Santana dba Michel’s Smog #2, 1197861

ACTION: Order of Remand approved. Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

Jay Bryant dba Jay’s Mobile Welding & Fabrication 1142114 ACTION: Order of Remand approved.

Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

San Diego Gas & Electric, 1082280 SSA Containers, Inc. (Employers Petition) SSA Containers, Inc. (Third Party Petition)

LEGISLATION:


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PENDING LITIGATION: (If the Division of Occupational Safety & Health or the Employer disagrees with a decision after reconsideration or

a denial of a petition for reconsideration, either one or both parties may apply to the California Superior Court for a writ of mandate. The Appeals Board receives legal advice from its Legal Unit and provides policy direction regarding pending litigation.)

SUPERIOR COURT:

1. Shimmick Construction Co., Inc., 34-2012-80001248 (09-R2D3-0399)

2. CA Dept. Of Forestry, 34-2012-80001263 (10-R2D1-0728)

3. Hill Crane Service, Inc., 34-2014-80001730 (12-R4D1-2475)

4. Martin J. Solis dba Solis Farm Labor Contractor, 34-2014 80001749 (2008-R2D1-3414 Through 3418)

5. Tad Van Nguyen, CPF-14-513482 (13-R1D1-9163)

6. Brunton Enterprises Dba Plas-Tal MFG CO., 34-2014 80001817 (09-R6D2-2238 ~ 2241)

7. West Valley Construction, Inc., 34-2014-80001832 (12-R2D5-3526)

8. Davis Development Co., 34-2014-80001892 (10-R3D1-3360 Through 3362)

9. HHS Construction, 34-2015-80002052 (12-R3D2-0492 Through 0497)

10. Maria De Los Angeles Colunga dba Merced Farm Labor, 15CV-00945

(08-R2D1-3093 ~ 3098)

11. Stanislaus Food Products Co., 34-2015-80002087 (13-R2D4-0572-0574)

12. Oldcastle Precast, Inc., 34-2015-80002167 (13-R3D3-0583)

13. Shimmick Construction Co., Inc./Obayashi Corp., 34-2015-80002206 (12-R3D1-0781)

14. Charles Pankow Builders, LTD., 34-2015-8000221 (13-R4D1-1759)

15. Tri State Staffing, 12-R6D2-0378

16. MCM Construction, Inc., 34-2016-80002312 (13-R1D2-3851-3854)

17. Solarcity Corp., 14-R3D2-3707, 34-2016-80002345

18. Avalon Bay Communities, Inc., 30-2016-00872036 (2015-R3D2-0751)

19. Gateway Pacific Contractors, 120200902

20. W.A. Rasic Company, Inc., 13-R4D1-1422, 34-2016-80002454 (314863978)


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21. Oldcastle Precast, Inc. (34-2017-80002522) 1025083

22. Key Energy Service, LLC 12004280

23. Shimmick FCC Impregilo Joint Venture DBA SFI, JV, 1144056

24. Shimmick Construction Company, INC. (34-2017-80002574)

25. Home Depot U.S.A., Inc. RIC1710947 (1011071)

26. Atkinson Construction, LP (317386084)

27. Barnard Impregilo Healy, JV, (317134021), CPF 17-515575

28. Home Depot U.S.A., Inc., (1011071) RIC1710947

29. R N R Construction, Inc., (1092600) 34-2017-80002632

30. Synergy Tree, (317253953) CIVDS1712753

31. Lion Farms, LLC 1070258, MCV075788

32. Home Depot, U.S.A. Inc. Dba Home Depot #6683 (1014901), Civds1716416

APPELLATE COURT:

1. AC Transit, A142799, RG13-687314 (08-R1D4-0135)

2. Key Energy Services, Inc., F073567, S-1500-CV-283958-LHB

3. Raam Construction, RG16810863 (2015-R1D4-0155)

4. Blue Diamond Growers, 34-2012-80001308 (10-R2D1-1280/1281)

5. Burtech Pipeline, Inc., 13-R3D2-0830 and 0831, 37-2016-00013806

6. Nolte Sheet Metal, Inc., 16CE CG03592 (14-R6D8-2888 through 2783)

ORDERS OF ADMINISTRATIVE LAW JUDGES:

(Written order issued by an Administrative Law Judge after a pre-hearing conference in which the Division of Occupational Safety & Health and the Employer agree to settle an appeal without a hearing. The Board Members review the order and decide if they will reconsider or remand the issued order.)

1211764 A Step Above Flooring 1121291 Agri-Analysis LLC 1113960 AGS Inc. 1220101 Alejandro Cervantes Contractors 999328 All Around Underground Contractors Inc. 1210149 Allied Building Products Corp. 1180068 Amy’s Kitchen, Inc.


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1095902 Anytime Tree Specialist 1187998 Apollo Southwest, Inc. 1166340 Apple Care Center LLC dba Apple Valley Post Acute Center 1119698 Astrochef, Inc. dba Pegasus Foods, Inc. 1187018 Avanti Hospital dba Memorial Hospital of Gardena 1199771 Bill’s Lift Service Inc. 1164838 Bimbo Bakeries USA, Inc. 1192855 BJ Bindery dba BJ Bindery Inc. 1184550 Blue Mountain Construction Services, Inc. 1151638 Chevron Refinery 1210256 City of Benicia dba Benicia Water Treatment Plant 1120931 City of San Diego Fire Rescue Dept. 1217161 Complete Welders Supply 1216419 Corovan Corporation 1230295 County of Inyo 1207227 Crane Development Corporation 1143243 Crown Construction Development Inc. 1200085 Davis Wire Corporation 1172964 Day-Lee Foods, Inc. 1214697 Diablo Delta Painting Co. 1223636 Diavola Inc. dba Diavola Pizzeria 1256817 DM – Tech Inc. 1165919 Donald E. Webster Inc., dba Broken Drum Insulation 1200772 Esparza Enterprises, Inc. 1124688 ETCO Homes, Inc. 1169797 F.C. Capistrano, Inc. 1216426 Fabrice Bertollini and JeanLuc Marc Bertollini, Individually 1141609 Fallingstar Homes 1252862 Final Coat Painting, Inc. 1216012 Folio Wine Company, LLC dba Michael Mondavi Family Estat 1173368 Framing Associates 1220002 Frito-Lay, Inc. 1234943 Gardeners’ Guild, Inc. 1208039 Guy Strack Construction 1213451 Harbor Electric Three, Inc. 1192162 Hector Esparza Carrera 1194343 Hoekstra Dairy 1168084 Honeycutt Tear Off 1176684 International Transportation Service, Inc. 1219699 It Takes A Vision LLC 1197823 Javier Martinez Jr dba Rapid Auto Reprair & Wheel 1185991 JC Tree Care, Inc. 316519347 Jerod Davis dba JKD Construction 1217578 Jerry Harry Kutumian 1072272 JM Environmental, Inc.


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1170379 K1 Speed Inc. 1124959 Kamran Staffing Inc. 1202795 KB Home South Bay, Inc. 1134445 Kittyhawk, Inc. dba Kittyhawk Products 315349456 Kleen Blast 1244743 La Casa Building Contractors 316346949 LA County Fire Dept 1197287 Lawn & Order, Inc. 1140330 Lemon Cove Granite, Inc. 1159090 Lucia Painting Inc. 1210980 Market Café + Bar, Inc. dba Bankers Hill Bar and Restaurant 1187014 Mission Linen Supply 1232209 NOR-CAL Tree Expert 1237823 Omega Products International 1184012 Oregon Construction 1211569 Orlandini Enterprises dba Pacific Die Casting Corporation 1177782 Ortho Mattress, Inc. 1187602 Palisade Builders Inc. 1242641 PCI 1186132 Philip Verwey Farms 1100971 Phoenix Roofing Company Inc. 1203335 Polymeric Technology, Inc. 1229189 Porto’s Bakery Buena Park, Inc. dba Porto’s Bakery Inc. 1159015 Ralphs Grocery Co. 1147537 Randall May International 1169255 Randy’s Trucking, Inc. dba Randy’s Trucking, Inc. 1173600 Richard Alan Coleman dba Café Lucca1164834 1164834 RK Steel Corporation 1190729 Robert Shapiro dba Sicilitos 1188614 Roseburrough Tool Company 1171523 RPM Construction Management, Inc. 1048838 San Diego Gas And Electric 1197662 Sandstorm Enterprises Inc. dba Valley Smog & Repair 1156841 Savanna Labor 1225335 Sean Seeger dba Seeger Trucking 1179679 Sevak Sinanian dba Alpine La Motors 1175435 SGL Technique, Inc. dba SGL Technic Inc. 1179438 SoCal Pacific Constructions Corp dba National Coating & Lining Company 1224052 Store Crafters, Inc. 1181676 Sugar Foods Corporation dba Musso’s Bakery 1148872 Sun-Maid Growers of California dba Ripperd Dehydrator 1177349 SunPac Storage Containers, Inc. 1186653 Terence Tyrell Booker dba TBC Lath and Plastering 1173232 The Davey Tree Expert Company


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1210858 The Lloyd Pest Control Co. dba The Lloyd Termite Control Co. 1184141 The Pasha Group dba Pasha Automotive Services 1098274 Time Warner Cable Inc. 1219705 Tom’s Farms Amusement Park, LLC dba Tom’s Farms 1217133 Tony’s Spunky Steer Chino Inc. 1170785 Tortilleria Santa Fe, Inc. 1190907 Town and Country Landscaping and Supply Co. Inc. 1225049 Turbo Car Wash, LLC dba Ohana’s Car Wash 1181545 TWE Enterprises 1192553 UC Regents, UC Davis-Animal Science Program 1195921 Ulta Beauty 1169259 Valley Petroleum Equipment, Inc. dba Valley Petroleum Equip 1118484 Verizon 1119753 Vista Excavation and Demo, Inc. 1179175 VP Concrete Inc. dba Valley Pacific Concrete 1224727 VPET USA, Inc. 1217492 Waid Lababidi An Individual dba Master Automotive 1207756 Wastexperts, Inc. 1206809 Wells Fargo Bank, NA 1110150 West Coast Community Builders Inc. 1119849 Western Rim Constructors, Inc. 1196878 Wonderful Citrus LLC 1188107 Workforce Enterprises WFE, Inc. 1195916 WP West Builders California LP 1100131 YRC Freight

ACTION: All ALJ Orders approved.

Moved: Ed Lowry Seconded: Judith Freyman Vote: 2-0

PERSONNEL: (Issues regarding staff) The Closed Session was adjourned at 11:36 AM and the Board returned to the Public Meeting. The Appeals Board incorporated by reference its ACTIONS in the Closed Session, as indicated above. The meeting was adjourned at 11:37 AM.

state of california california … · aaron jackson, industrial relations counsel lee berlin, staff...

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