37 COR 40-6505 [¶ 21,739]
MACHINERY AND EQUIPMENT - PINCH POINTS
Cal. Code Regs, tit. 8, § 4002(a) (2010) - The Division established a violation where Employer’s chain stacker was guarded neither by the frame of the machine nor by location, and the parties stipulated that there was no guard on the machine where the employee was injured.
DEFENSES - INDEPENDENT EMPLOYEE ACTION (IEAD)
Employer could not avail itself of the IEAD because the cited safety order required positive guarding. In any case, Employer failed to establish at least one element of the defense.