20,009 Mcdonald’s – Van Ness

By: Cal-OSHA Decisions

28 COR 40-4353 [20,009]

FALL PROTECTION - WORK ABOVE 7-1/2 FEET

CAL. CODE REGS, tit. 8, 1670(a) (2001) - A painter proven to be an employee was working from a ledge 16 feet above the ground without wearing fall protection, a violation established as serious and repeat.

EMPLOYEE - ESTABLISHING STATUS

A painter working on Employer's restaurant building was established as an employee, although Employer denied hiring him. Once he arrived at the site to work, the fact that he was showed him what needed to be done and directed how it was to be performed, meant that he was "tacitly employed."

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Summary of COSHAB-ALJ's decision dated March 30, 2001, D

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