49 COR 40-8966 [¶23,353R]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - Title 8, California Code of Regulations, §3203(a)/1509(a) The Appeals Board found that Employer failed to effectively implement its IIPP in conformance with manufacturer’s safety instructions. OPERATION OF MACHINERY AND EQUIPMENT – Title 8, California Code of Regulations, §3314(c) The Appeals Board found that Employer was involved in cleaning or adjusting the drill rig which was not stopped or de-energized or mechanically blocked to prevent inadvertent movement. AFFIRMATIVE DEFENSES – Independent Employee Action Defense (IEAD) – Employer failed to meet all five elements of IEAD regarding Citation 3 by a preponderance of the evidence. Title 8, California Code of Regulations, §3314(c)(1) – Employer failed to establish the applicability of the minor servicing exception.Digest of COSHAB’s Decision After Reconsideration dated August 7, 2025, Inspection No. 1420923.
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