36 COR 40-6327 [¶ 21,532]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 1509(a) (2009) - Employer’s procedure for moving a large load failed due to a judgment error on the part of its foreman, not an ineffective IIPP. Thus, the Division did not establish a violation.
CRANES AND HOISTING EQUIPMENT - HANDLING LOADS
Cal. Code Regs, tit. 8, § 4999(e)(1) (2009) - Employer failed to ensure that there was no sudden acceleration of a moving load.
CRANES AND HOISTING EQUIPMENT - PREVENTING SWINGING OF LOAD
Cal. Code Regs, tit. 8, § 4999(d)(3) (2009) - The Division’s theory as to how a fatal injury accident happened was not corroborated by the percipient witnesses. Thus, it failed to establish a violation.
FALL PROTECTION - LACK OF EQUIPMENT
Cal. Code Regs, tit. 8, § 1670(a) (2009) - The task performed by Employer’s foreman, who was not wearing fall protection equipment, exposed him to the hazard of approaching and falling into an elevator shaft.
MACHINERY AND EQUIPMENT - SAFE OPERATION
Cal. Code Regs, tit. 8, § 3328(e) (2009) - The Division offered no valid basis upon which to determine that the dolly was not designed for such a wide and large load, and that the dolly and “U” frame were not secured to minimize hazards caused by loosening and falling.