38 COR 40-6521 [¶ 21,752]
GENERAL PHYSICAL CONDITIONS AND STRUCTURES - FLOOR OPENINGS, FLOOR HOLES AND ROOFS
Cal. Code Regs, tit. 8, § 3212(a)(2)(A) (2010) - To establish employee exposure to the lack of a swinging gate or its equivalent at two locations, the Division offered hearsay testimony, but the statements did not come within the authorized admissions exception to the hearsay rule. The Division failed to establish a violation.
GENERAL PHYSICAL CONDITIONS AND STRUCTURES -AISLES, WALKWAYS AND CRAWLWAYS
Cal. Code Regs, tit. 8, § 3272(c) (2010) - The Division’s safety engineer did not see any worker using a flight of stairs to asphalt plant silos. The Division instead relied solely on hearsay statements of two employees to establish employee exposure. Their statements did not come within an exception to the hearsay rule. The Division failed to establish a violation.
SAFE PRACTICES AND PERSONAL PROTECTION - CLEANING, REPAIRING, SERVICING AND ADJUSTING PRIME MOVERS, MACHINERY AND EQUIPMENT
C al. Code Regs, tit. 8, § 3314(h)(3) (2010) - The Division’s safety engineer did not establish that Employer had any operations at its asphalt plant that required written hazardous energy control procedures. The Division failed to establish a violation.