49 COR 40-9006[¶23,374]
HAZARDOUS ENERGY CONTROL - Title 8, California Code of Regulations, §3314(l)(1) Employer did not provide training records on the de-energization and lockout or tagout process of the Kopper Press Machine during cleaning operations. Title 8, California Code of Regulations, §3314(c)(1) The proffered evidence showed Employer did not thoroughly train on the safe use of extension tools. Title 8, California Code of Regulations, §3314(g) The proffered evidence showed Employer did not provide a written hazardous energy control procedure. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE (IEAD) Employer did not establish all five elements of IEAD, the defense failed. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) The proffered evidence showed that Citations 2 and 3 were properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 1, was resolved by stipulation. Citation 1, Item 3, and Citations 2 and 3 were affirmed and adjusted penalties were assessed.Digest of COSHAB ALJ’s Decision dated Oct. 29, 2025, Inspection No. 1446266 (Hayward)
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