49 COR 40-8693 [¶23,249]
WORKING SPACE SHALL NOT BE USED FOR STORAGE California Code of Regulations, Title 8, §2340.16(c) – employer used workspace about electrical equipment to store a 24-foot reach ladder. LEGIBLY MARK ELECTRICAL EQUIPMENT California Code of Regulations, Title 8, §2340.22(a) – Evidence at the hearing established that Employer failed to legibly mark the electrical equipment (circuit breakers) inside the panel to indicate its purpose. HAZARDOUS ENERGY CONTROL PROCEDURE California Code of Regulations, Title 8, §3314(g)(2)(A) – Evidence at the hearing established that Employer failed to include in its hazardous energy control procedures separate steps for safe lockout/tagout of each machine or piece of equipment. EXCEPTION AS AFFIRMATIVE DEFENSE Employer did not establish compliance with the exception to subsection (g)(2)(A). Employer failed to demonstrate that its hazardous energy procedure identified the locations of disconnect points. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD) Employer established all elements of the IEAD concerning an employee who climbed and walked on a conveyor in order to avoid the interlock gates and the hazardous energy control procedures. His actions were deliberate to circumvent Employer’s safety measures. ASSESSMENT OF CIVIL PENALTIES Citation 1, Items 1, 3, 5, and 7, classified as General were affirmed, and penalties of $2,060 were assessed.Digest of COSHAB-ALJ’s Decision dated May 8, 2023, Inspection No. 1113026 (Bloomington, CA)
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