38 COR 40-6653 [¶ 21,898]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2011) - The Division failed to prove that an employee’s injuries, a broken leg and ankle, were serious, based on the length of hospitalization and medical treatment. Thus, it failed to establish a violation.
EXCAVATIONS - EXPOSURE TO FALLING LOADS
Cal. Code Regs, tit. 8, § 1541(e) (2011) - An empty elevated dig bucket attached to the arm of an excavator fell off. An employee was struck when the bucket rolled into him. The safety order did not apply because the employee was not underneath the bucket when it fell.
MACHINERY AND EQUIPMENT - MAINTAINING AS RECOMMENDED BY MANUFACTURER
Cal. Code Regs, tit. 8, § 3328(b) (2011) - An elevated dig bucket attached to an excavator arm was not inspected prior to use. The Division failed to establish a violation because it did not prove that the manufacturer’s recommendations on how to inspect and maintain machinery in service were available to Employer.