37 COR 40-6355 [¶ 21,564]
HAULAGE AND EARTH MOVING - WARNING METHODS
Cal. Code Regs, tit. 8, § 1592(a) (2009) - The Division demonstrated that at the time of a fatal injury accident, a back-up alarm on a scraper machine was not working. However, the evidence demonstrated lack of employer knowledge of the violation prior to the accident; thus, the serious classification was not established.
HAULAGE AND EARTH MOVING - HAULAGE VEHICLE OPERATION
Cal. Code Regs, tit. 8, § 1593(d) (2009) - The parties stipulated that Employer had a responsibility to check a scraper’s back-up alarm, but no management employee did so on the day of the fatal injury accident. However, the Division did not establish a serious violation.