49 COR 40-8951 [¶23,346R]
LOCK-OUT/TAG-OUT PROCEDURES - Title 8, California Code of Regulations, §3314(d) The Appeals Board upheld the ALJ’s Decision, finding Employer’s procedures for machine repairs did not include LOTO. Employer did not demonstrate that the minor servicing exception applied. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD) Employer failed to establish all five elements of IEAD, the defense failed. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The Appeals Board determined the Serious classification was proper as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption.Digest of COSHAB’s Decision After Reconsideration dated July 10, 2025, Inspection No. 1431672.
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