41 COR 40-7113 [¶22,372R]
METAL SCAFFOLDS – SECURELY ATTACHED RAILINGS
Cal. Code Regs, tit. 8, § 1644(a)(6) (2014) – An employee was exposed to a scaffold that did not have all railings required by the manufacturer, a serious violation. The Board affirmed that Employer did not establish the defense of lack of employer knowledge.
STEEL FRAME CONSTRUCTION – TOP PLATE, JOISTS AND ROOF STRUCTURE FRAMING
Cal. Code Regs, tit. 8, § 1716.2(e)(1) (2014) – An employee was exposed to lack of fall protection while working over 15 feet above grade, a serious violation. The Board affirmed that Employer did not establish the defense of lack of employer knowledge.
PENALTIES – VIOLATIONS NOT DUPLICATIVE
Given their different abatement requirements, cited violations of §1644(a)(6), lack of railings on scaffold, and §1716.2(e)(1), lack of fall protection, were not substantially identical. The Board rejected Employer’s argument that either citation should be dismissed as duplicative.