43 COR 40-7347 [¶22,551]
MULTI-EMPLOYER WORKSITES – CONTROLLING EMPLOYER
Cal. Code Regs, tit. 8, § 336.10(c) (2015) – Employer was a controlling employer. It was not in charge of correcting hazardous conditions, but had the authority and opportunity to correct the fall protection violation at issue both by contract and by practice. Therefore, Employer was a proper entity to cite.
DEFENSES – DUE DILIGENCE
Labor Code § 6432(c) (2015) – Employer’s reliance on the expertise of its framing subcontractor was not sufficient to meet the requirements of due diligence with respect to a fall protection violation. Employer’s construction superintendent did not take all steps that a reasonable, responsible employer in similar circumstances should be expected to take to anticipate and prevent the violation.