49 COR 40-8635 [¶23,221]
CONTROL OF HAZARDOUS ENERGY – REPAIR WORK AND SETTING_UP OPERATION California Code of Regulations, title 8, § 3314(d) (2020) – The word “repair” includes replacement of a worn or damaged part that is not part of routine scheduled maintenance. CONTROL OF HAZARDOUS ENERGY – EXCEPTION 1 California Code of Regulations, title 8, § 3314(d) (2020) – An exception to the requirements of a safety order is in the nature of an affirmative defense, which the employer has the burden of raising and proving at hearing. DEFENSES – INDEPENDENT EMPLOYEE ACTION The Independent Employee Action affirmative defense (IEAD) is premised upon an employer meeting all five elements of the defense. Inadvertence or an error in judgment on the part of an employee is insufficient to demonstrate a knowing violation of an employer’s safety program. ASSESSMENT OF CIVIL PENALTIES The parties stipulated that the penalty was calculated in accordance with the Division’s policies and procedures. The Citation including a classification as Serious-Accident Related, was affirmed and associated penalty of $18,000 was assessed.Summary of COSHAB-ALJ’s Decision dated December 14, 2022, Inspection No. 1431672 (Sacramento, CA)
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