28 COR 40-4309 [ 19,974]
MACHINERY AND EQUIPMENT - MAINTAINING IN SAFE OPERATING CONDITION
CAL. CODE REGS, tit. 8, 3328(g) (2001) - Two of Employer's large rough-terrain forklifts were not properly maintained: one had a damaged rear-view mirror, and both lacked working backup warning devices. The only issue on appeal was the serious classification; it was affirmed.
VIOLATION - SERIOUS CLASSIFICATION
Although a great deal of the Division's evidence about the potential level of harm posed by improperly maintained equipment was opinion based, and was rejected by the ALJ, there was sufficient expert testimony about the substantial probability of seriou
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