20,576R Plantel Nurseries

By: Cal-OSHA Decisions
31 COR 40-5231 [¶ 20,576R]

AGRICULTURAL TRACTORS - OPERATOR AT CONTROLS OF SELF-PROPELLED
Cal. Code Regs, tit. 8, § 3441(b) (2004) - The Appeals Board agreed with the ALJ that Employer's failure to ensure that its tractor operator stayed at the controls constituted a serious violation because Employer had sufficient time to discover the violative condition. However, the Division did not provide evidence to support its penalty calculations, and the Board recalculated the penalty, giving Employer the maximum adjustments possible under the circumstances.

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