38 COR 40-6513 [¶ 21,746]
TREE WORK, MAINTENANCE OR REMOVAL - TRAINING
Cal. Code Regs, tit. 8, § 3421(c) (2010) - The Division did not meet its burden of proof that Employer failed to train the injured employee about hazards involved in tree work.
TREE WORK, MAINTENANCE OR REMOVAL - SAFE WORK PROCEDURES
Cal. Code Regs, tit. 8, § 3427(a)(5) (2010) - The evidence established that the injured employee was descending a tree without being tied in. However, Employer took all reasonable steps to prevent the hazard, while the employee took actions that led to development of the hazard. Employer established the independent employee action defense.