49 COR 40-9095 [¶23,416]
MACHINE GUARDING - Title 8, California Code of Regulations, §4002 (a) – The evidence proffered by the Division established that the mixer was guarded by location. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Title 8, California Code of Regulations, §334(c)(1) – The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification. Employer did not rebut the presumption. AFFIRMATIVE DEFENSE – Independent Employee Action Defense - IEAD does not apply to guarding violations. ASSESSMENT OF CIVIL PENALTIES - Citation 1 and its associated penalty were affirmed.Digest of COSHAB ALJ’s Decision dated June 26, 2026, Inspection No. 1731627 (Los Angeles)
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