36 COR 40-6317 [¶ 21,524R]
FLOOR OPENINGS - INADEQUATE COVERING
Cal. Code Regs, tit. 8, § 1632(b)(3) (2009) - The evidence established that a plywood cover on a skylight opening was neither marked nor properly secured. The violation was classified properly as serious, and Employer failed to prove the defense of lack of employer knowledge.
FALL PROTECTION - CLASSIFICATION OF VIOLATION
Cal. Code Regs, tit. 8, § 1670(a) (2009) - Employer established that it exercised reasonable diligence in its oversight of employees’ compliance with use of fall restraint equipment. The ALJ reclassified the violation as “general.”