SCAFFOLDS - TYING OFF TO STRUCTURE CAL. CODE REGS, tit. 8, § 1637(k)(3) (2001) - Employer was about to tie off a scaffold that was being erected when an employee climbed onto it and it collapsed, injuring him. Employer committed a violation by not tying off at the correct time during erection, but the serious classification was not appropriate because the Division did not present evidence of the probability of such an injury, or even that the injury was the direct result of the violation.
DEFENSE - LOGICAL TIME TO COMPLY Employer could not claim the "l
