BOBERG ENGINEERING & CONTRACTING, INC. (2)

By: Rick Waldinger

40 COR 40-6996 [¶22,265R]

HAULAGE AND EARTH MOVING – HAULAGE VEHICLE OPERATION
Cal. Code Regs, tit. 8, § 1593(d) (2013) – The Board affirmed the citation for failure to check back-up alarm before placing scraper in service, but for different reasons than the ALJ stated. Employer was not obligated to have management personnel check the scraper’s back-up alarm. However, the operator’s spontaneous statement at the scene of the accident, which he had caused, that he did not check the back-up alarm on the day of the accident, was an admission under the spontaneous statements exception to the hearsay evidence rule.

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