49 COR 40-8957 [¶23,348]
INDUSTRIAL TRUCKS SAFE SPEED AND DISTANCE - Title 8, California Code of Regulations, §3650(t)(9) – The Division established that Employer failed to ensure that industrial trucks were operated in a safe manner. OPERATION OF INDUSTRIAL TRUCKS - Title 8, California Code of Regulations, §3650(t)(11) - The Division established that Employer failed to require travel with the load trailing when the load carried obstructed forward view. AFFIRMATIVE DEFENSES – Independent Employee Action Defense - Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Labor Code §6432 (a) and (c) – Citation 1 - Employer did rebut the presumption of Serious classification. ALJ reduced classification to General. Citation 2 - properly classified as Serious Accident-Related as there was a causal nexus between the violation and the serious injury. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1 and Citation 2 were affirmed with the reclassification of Citation 1 to General. The adjusted penalties were deemed reasonable.Digest of COSHAB ALJ’s Decision dated July 11, 2025, Inspection No. 1545777 (Arroyo Grande)
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