BRUNTON ENTERPRISES, INC.

By: Rick Waldinger

40 COR 40-7006 [¶22,276R]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
Cal. Code Regs, tit. 8, § 3203(a)(4) (2013) – The Division failed to establish that Employer’s IIPP lacked a system of hazard identification and evaluation. 

CRANES AND HOISTING EQUIPMENT – HANDLING LOADS
Cal. Code Regs, tit. 8, § 4999(e)(1) (2013) – Employer did not 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) (2013) – The Division failed to establish that swinging of a load occurred when lifting it.

FALL PROTECTION – LACK OF EQUIPMENT
Cal. Code Regs, tit. 8, § 1670(a) (2013) – The fatally injured employee was not wearing fall protection while working near an elevator shaft. Neither the independent employee action nor the unforeseeable violation defense applied.

MACHINERY AND EQUIPMENT – SAFE OPERATION
Cal. Code Regs, tit. 8, § 3328(e) (2013) – The Division alleged that a frame and dolly were not secured to minimize loosening and falling during hoisting. The ALJ correctly concluded that the safety order did not apply.

 

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