28 COR 40-4389 [20,051R]
FLOOR OPENINGS - GUARDING
CAL. CODE REGS, tit. 8, 1632(b) (2001) - The Appeals Board upheld the ALJ decision finding a violation of the requirement that floor opening covers must be properly secured. Neither the allegation of fraud nor Employer's lack of knowledge of the cited condition affected the existence of the violation.
APPEAL DECISION - NOT PROCURED BY FRAUD
Even if a witness had lied to divert attention away from his company, the ALJ decision was not procured by fraud, since Employer's worker fell through an uncovered or improperly covered floor opening.
VIOLATION - EMPLOYER KNOWLEDGE OF HAZARD
LAB. 6432(a) (199
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