41 COR 40-7101 [¶22,360R]
GENERAL PHYSICAL CONDITIONS AND STRUCTURES – FLOOR OPENINGS, FLOOR HOLES AND ROOFS
Cal. Code Regs, tit. 8, § 3212(a)(2)(A) (2014) – The Board reversed the ALJ’s decision that the Division did not establish a violation for failure to provide a swinging gate for elevated work platforms accessed by ladders. Circumstantial evidence established employee exposure, and statements relied upon by the Division inspector by Employer’s representatives were not inadmissible hearsay.
GENERAL PHYSICAL CONDITIONS AND STRUCTURES – AISLES, WALKWAYS AND CRAWLWAYS
Cal. Code Regs, tit. 8, § 3272(c) (2014) – The Board reversed the ALJ’s decision that the Division did not establish a violation for failure to keep stairways reasonably clear. Evidence of a single entry point to a chute via stairs and a buildup of asphalt on the stairs supported the conclusion that the stairway had been used in an unsafe condition by employees.
SAFE PRACTICES AND PERSONAL PROTECTION – CLEANING, REPAIRING, SERVICING AND ADJUSTING PRIME MOVERS, MACHINERY AND EQUIPMENT
Cal. Code Regs, tit. 8, § 3314(h)(3) (2014) – The Division did not establish a violation for failure to certify that inspection of hazardous energy control procedures had been performed. It did not testify to the machinery, equipment or prime movers at Employer’s worksite that required a hazard energy control procedure.
Digest of COSHAB’s Decision After Reconsideration dated May 23, 2014, Docket No. 09-R5D1-2443.
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