49 COR 40-8575 [¶ 23-193R ]

Wood and Light Gage Steel Frame Construction, Residential/Light Commercial -  Work on Starter Board, Roof Sheathing and Fascia Board. Cal. Code Regs, tit. 8, § 1716.2(g)(1)(A) (2017) – Employer violated §1716.2(g)(1)(A) by failing to ensure that an employee wore fall protection when working on a roof, on which the employee was exposed to a fall of more than 15 feet. EMPLOYER DEFENSES – ELEMENTS OF DUE DILIGENCE Harris Construction Company, Inc., Cal/OSHA App. 03-3914, DAR (Feb. 26, 2015) [Digest 22,450R], McCarthy Building Companies, Inc., Cal/OSHA App. 11-1706, DAR (Jan. 11, 2016)  [Digest 22,555R],  – While factors to be considered in evaluating the due diligence defense include whether the hazard at issue was latent or in plain sight, the defense is multi-pronged and intended to take into account the controlling employer’s overall diligence in ensuring safety at the worksite. The ALJ decision finding the hazard was in plain sight did not automatically defeat the due diligence defense. ASSESSMENT OF CIVIL PENALTIES The Board found Employer established a due diligence defense and the citation was vacated.Read More...

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