49 COR 40-8629 [¶23,218]
GUARDRAILS AT ELEVATED LOCATIONS – USE OF PERSONAL FALL PROTECTION SYSTEMS California Code of Regulations, title 8, § 3210(c) (2020) –Where the guardrail requirements of the regulation are impracticable due to machinery requirements or work processes, an alternate means of protecting employees from falling, such as personal fall protection systems, shall be used. DEFENSES – INDEPENDENT EMPLOYEE ACTION The Independent Employee Action affirmative defense (IEAD) is premised upon an employer meeting all five elements of the defense. The Employer failed to meet its burden of proof to establish that all five elements of the IEAD were present by a preponderance of the evidence. ASSESSMENT OF CIVIL PENALTIES The Citations, including a classification of one violation as Serious-Accident Related, were affirmed and associated penalties of $21,000 were assessed.Summary of COSHAB-ALJ’s Decision dated November 8, 2022, Inspection No. 1444899 (Los Angeles, CA)
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