ACCO ENGINEERED SYSTEMS

49 COR 40-8513 [¶23,163]

SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES –  MACHINERY AND EQUIPMENT COMPONENTS DESIGNED AND SECURED OR COVERED TO MINIMIZE HAZARDS CAUSED BY BREAKAGE, RELEASE OF MECHANICAL ENERGY OR LOOSENING AND/OR FALLING Cal. Code Regs, tit. 8, § 3328(e) (2022) – The Division failed to establish Employer did not ensure the legs of a portable gantry crane were secured to the I-beam in violation of the safety order, which did not apply to the circumstances.  SAFE PRACTICES AND PERSONAL PROTECTION, MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT NOT USED OR OPERATED UNDER CONDITIONS OF SPEED, STRESSES, LOADS, OR ENVIRONMENTAL CONDITIONS CONTRARY TO MANUFACTURER’S RECOMMENDATIONS Cal. Code Regs, tit. 8, § 3328(a)(2) (2022) – The Division failed to establish Employer did not keep a load as close to the floor as possible and centered on the I-beam while pushing the gantry rather than the load when moving the crane. The Division did not specify or show any of the four specified conditions applied to the movement of the gantry crane or the load, and failed to establish Employer operated the gantry crane contrary to manufacturer’s recommendations.

Summary of COSHAB-ALJ’s Decision dated January 26, 2022, Inspection No. 1233763 (Commerce, CA).

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