44 COR 40-7810 [¶22,671]
FLOOR OPENINGS, FLOOR HOLES AND ROOFS – GUARDRAILS
Cal. Code Regs, tit. 8, § 3212(d)(1) (2017) – Employer was required to provide fall protection for its employees at the project site, the roof of a 13-story building. However, employees were not wearing safety belts, lanyards, or other fall protection while working near the edge of the roof and were, thus, exposed to the safety hazard.
DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD)
Because the employee was the foreman at the project site, his actions were attributed to management. As a result, Employer could not avail itself of the IEAD.