44 COR 40-7803 [¶22,665R]
HEARING – EXCLUSION OF WITNESSES
Board reg. § 379 (2017) – Allowing the Division’s expert witnesses to remain in the hearing room was appropriate and within the discretion of the ALJ conducting the hearing. The Board affirmed the ALJ’s decision to deny Employer’s motion to exclude witnesses.
CRANES AND DERRICKS IN CONSTRUCTION – LIFTING OPERATIONS
Cal. Code Regs, tit. 8, § 1616.1(o) (2017) – The Board reversed the ALJ’s finding that Employer violated the safety order by failing to ensure, during a lifting operation, that the load did not contact any obstructions that could cause falling material or damage to the boom. An obstruction logically cannot be the same part of the object that is being erected to which a component is being added; thus, an obstruction was not present.