19,790 Harrington Tools

By: Cal-OSHA Decisions

27 COR 40-4064 [19,790]

SERIOUS VIOLATION - CLASSIFICATION

The Division did not prove that either death or serious harm was substantially probable from machine guarding violations, despite the fact that a serious injury occurred. Classification was reduced to general.

DEFENSE - INDEPENDENT EMPLOYEE ACTION

Not established where the employee was not sufficiently experienced on the particular punch press involved in an amputation accident.

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Summary of COSHAB-ALJ's decision dated April 21, 2000, Docket Nos. 99-R4D1-2684 and 2685 (Los Angeles, CA).

Dale Raymond, Administrative Law Judge.

For Employer: Leslie Smith, Consultant.

For DOSH: Jose

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