49 COR 40-8657 [¶23,233]

REPORTING WORK-CONNECTED INJURIES – RELEVANT EVIDENCE California Code of Regulations, title 8, § 342(a) (2020) – Full consideration is to be given to the negative and affirmative inferences to be drawn from all the evidence, including that which has been produced by defendant, when determining if a serious injury was reported within the required 8 hours.  MISCELLANEOUS SAFE PRACTICES – MACHINERY AND EQUIPMENT California Code of Regulations, title 8, § 3328(a)(2) (2020) –  Evidence at the hearing established that equipment in this case was used under conditions of speeds, stresses, loads, or environmental conditions that were contrary to the manufacturer’s recommendations, resulting in a serious injury. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD) Employer failed to establish any elements of the IEAD with respect to an employee’s use of the air lift which fell on him causing a serious injury. ASSESSMENT OF CIVIL PENALTIES The Citations, including a classification of Serious-Accident Related, were affirmed and associated penalties of $14,850 were assessed.

Summary of COSHAB-ALJ’s Decision dated February 1, 2023, Inspection No. 1474269 (Bakersfield, CA)


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