37 COR 40-6469 [¶ 21,703]
INDUSTRIAL TRUCKS - FORKLIFT RUNNING LINES
Cal. Code Regs, tit. 8, § 3650(t)(5) (2010) - An employee disembarked from a forklift he was operating before it came to a stop, placing his body outside the forklift’s running lines. Employer trained the operator on its forklift operating rules, which required operators to stop the forklift and set the brakes before getting off of it. The Division established a violation.
DEFENSES - INDEPENDENT EMPLOYEE ACT
Employer proved all five elements of the independent employee act defense with respect to the violation of §3650(t)(5).