42 COR 40-7315 [¶22,527R]
POWER OPERATED PRESSES – PRESS BRAKES MECHANICALLY HYDRAULICALLY POWERED
Cal. Code Regs, tit. 8, § 4214(a) (2015) – Six press brakes at Employer’s facility were unguarded at the time of an injury accident, proving the violation of the guarding requirement. Employer failed to establish that an exception applied: tools were not being used and the accident established that the employee’s hands entered the point of operation.
VIOLATION – SERIOUS CLASSIFICATION
Labor Code § 6432(a) (2015) – A large press brake without guards at its point of operation presented a reasonable possibility of serious injury. Thus, the violation was classified properly as serious, regardless of the result, a non-serious injury.
VIOLATION – WILLFUL CLASSIFICATION
Cal. Code Regs, tit. 8, § 334(e) (2015) – Employer was cited previously for failing to guard press brakes at its facility, which established that it was aware that guarding of press brakes was required. Classification of the violation as willful was proper.
Digest of COSHAB’s Denial of Petition for Reconsideration dated October 30, 2015, Docket Nos. 13-R4D4-518 and 519.
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