49 COR 40-8729 [¶23,263]
CONTROL OF HAZARDOUS ENERGY FOR CLEANING, REPAIRING, SERVICING, SETTING-UP, AND ADJUSTING OPERATIONS OF PRIME MOVERS, MACHINERY AND EQUIPMENT, INCLUDING LOCKOUT/TAGOUT – Title 8, California Code of Regulations, §3314(c) – Employer failed to de-energize a power source during cleaning operations. causing an employee to be injured. A serious, accident-related violation. Title 8, California Code of Regulations, §3314(g) – Employer failed to develop and utilize machine specific hazardous energy control procedures to prevent inadvertent movement during cleaning operations. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD) Employer failed to prove all five elements of the IEAD. ASSESSMENT OF CIVIL PENALTIES The Citations, including a classification of one violation as Serious-Accident Related due to a serious injury, were affirmed and associated penalties of $33,300 were assessed.Summary of OSHAB-ALJ’s Decision dated August 17, 2023, Inspection No. 1398352 (Van Nuys, CA)
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