49 COR 40-8745 [23,267]
CODE OF SAFE PRACTICES - Title 8, California Code of Regulations, §1510(a) – The evidence proffered by the Division, was sufficient to show that Employer did not have a written Code of Safe Practices at the time of the accident. Employer failed to provide instruction to employees regarding the hazards and safety precautions applicable to the work being performed. CRANES AND OTHER HOISTING EQUIPMENT - HANDLING LOADS Title 8, California Code of Regulations, §4999(a) – The evidence proffered by the Division showed the Employer failed to ensure the rigging operation was performed by a qualified person or by a trainee under the direct visual supervision of a qualified person. CRANES AND OTHER HOISTING EQUIPMENT - SLINGS, SAFE OPERATING PRACTICES, EMPLOYEES KEPT CLEAR OF LOADS ABOUT TO BE LIFTED AND OF SUSPENDED LOADS Title 8, California Code of Regulations, §5042(a)(10) – The evidence proffered by the Division was sufficient to show that Employer failed to ensure that an employee’s hands or fingers were not placed between the sling and its load while the sling was being tightened around the load. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code §6432(c) – Failure to formally train the employee as to how to secure and balance a load before moving the load supports a finding that the employer did not rebut the Serious classification. SERIOUS INJURY – ACCIDENT RELATED Labor Code §6432(c) – The Citation was properly characterized as Serious Accident-Related after review of the facts of the violation. EMPLOYER DEFENSES – INDEPENDENT EMPLOYEE ACTION Employer failed to meet all five elements of the defense. NEWBERY DEFENSE Employer failed to demonstrate the violation was, among other criteria, unforeseeable. ASSESSMENT OF CIVIL PENALTIES Three citations were affirmed, and the proposed penalties were assessed.Digest of COSHAB-ALJ’s Decision dated September 19, 2023, Inspection No. 1409863 (Bakersfield, CA)
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