43 COR 40-7393 [¶22,581]
STANDARD SPECIFICATIONS – GUARDRAILS AT ELEVATED LOCATIONS, ALTERNATE MEANS OF PROTECTING EMPLOYEES FROM FALLING
Cal. Code Regs, tit. 8, § 3210(c) (2016) – Where guardrail requirements were impracticable, Employer provided a retractable ladder as an alternate means of protecting employees from falling from the top of a curbside dual-blade refuse collection unit. The Division failed to establish the cited violation.
COMPACTION EQUIPMENT – MOBILE COMPACTION EQUIPMENT, REAR- AND SIDE-LOADERS, POINT OF OPERATION PROTECTION
Cal. Code Regs, tit. 8, § 4354(b) (2016) – The Division failed to establish that Employer did not provide point-of-operation protection for an automated curbside dual-blade refuse collection unit during the packing cycle. Employer established that the safety order did not apply because the operator fed the material into the vehicle from within the cab, which was isolated from the safety hazard. The Division failed to establish the cited violation.
COMPACTION EQUIPMENT – OPERATING RULES FOR COMPACTION EQUIPMENT, LOCKOUT PROCEDURE COMPLYING WITH SECTION 3314
Cal. Code Regs, tit. 8, § 4355(c)(5) (2016) – Employer failed to implement a lockout procedure before cleaning, repairing, servicing or adjusting an automated curbside dual-blade refuse collection unit. However, Employer established that the injured employee’s conduct met all five elements of the independent employee action defense; thus, its appeal of the citation was granted.
Summary of COSHAB-ALJ’s Decision dated March 10, 2016, Docket No. 14-R4D3-1717 (Sun Valley, CA).
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