FEDEX FREIGHT, INC.

45 COR 40-8044 [¶22,866R] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TRAINING Cal. Code Regs, tit. 8, § 3203(a) (2018) – Employer failed to appropriately train a dockworker on the process of flipping and securing large, irregularly sized freight. That the worker had acquired some information on this process through his own observations and initiative was no substitute for the training that Employer was required to provide. GENERAL MOBILE EQUIPMENT AND AUXILIARIES – TRANSPORTATION OF EMPLOYEES AND MATERIALS,  SECURING LOADS Cal. Code Regs, tit. 8, § 3704 (2018) – Employer failed to ensure that a large crate was secured against dangerous displacement during the entire operation of flipping or standing on edge, a serious, accident-related violation. DEFENSES – INDEPENDENT EMPLOYEE ACTION Employer failed to establish the independent employee action defense (IEAD) because it did not demonstrate that a dockworker was experienced in the job being performed, or that it had a well-devised safety program that included training employees in matters of safety respective to particular job assignments. Digest of COSHAB’s Decision After Reconsideration dated September 24, 2018, Inspection No. 1099855. Read More...

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