Some Cal/OSHA standards are “performance standards”—that is, the standard specifies an end to be achieved, but the exact methods for achieving that end are left to the employer. In such cases, Cal/OSHA may offer further guidance in complying with the standard. Unfortunately, even employers that receive additional guidance can run into trouble, as a recent case demonstrates.
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On June 27, 2012, construction worker Ascension Castro was working at a construction site in Newport Beach when he fell from a ladder and was seriously injured. A Cal/OSHA inspection after the accident resulted in multiple citations against Castro’s employer, Ekedal Concrete, including a citation for failing to cap projecting steel anchor bolts to prevent impalement hazards.