36 COR 40-6288 [¶ 21,488]
Summary of COSHAB-ALJ’s Decision dated April 2, 2009, Docket Nos. 07-R2D3-0146 through 0148 (Chester, CA).
REPORTING - SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2009) - The Division’s evidence did not support a finding that the employee sustained a serious injury as a result of the accident. Thus, the Division failed to prove that Employer violated §342(a) by not reporting a serious injury.
MACHINERY AND EQUIPMENT - TRAINING IN SAFE WORK METHODS
Cal. Code Regs, tit. 8, § 4203(b) (2009) - The Division failed to prove that Employer did not provide adequate supervision on the correct operating procedures of a press brake; thus, it did not establish a violation, regardless of whether the injured employee was properly trained on the machine.
MACHINERY AND EQUIPMENT - GUARDING PRESS BRAKE POINT OF OPERATION
Cal. Code Regs, tit. 8, § 4214(a) (2009) - A press brake operator was injured when the tips of his fingers were caught in the point of operation as the die on an unguarded hydraulic press brake descended. Employer failed to prove the exception to the safety order of §4214(b)(9) applied.
VIOLATION - WILLFUL
Cal. Code Regs, tit. 8, § 334(e) (2009) - The Division established that Employer knew that §4214(a) applied to its press brake and intentionally violated the safety order.