FOUNDATION BUILDING MATERIALS LLC (2)

By: Rick Waldinger

44  COR 40-7480 [¶22,644R]

 

FALL PROTECTION – PERSONAL FALL ARREST SYSTEMS, PERSONAL FALL RESTRAINT SYSTEMS AND POSITIONING DEVICES
Cal. Code Regs, tit. 8, § 1670(a) (2016) – Employer failed to provide personal fall arrest, restraint or positioning systems to employees working near an unprotected edge, resulting in an employee’s fatal 25-foot fall. The circumstances of the accident and testimony led to a reasonable inference that the employee was outside a window for a work purpose related to drywall delivery when he fell. 

VIOLATION – SERIOUS CLASSIFICATION
Labor Code § 6432(c)(1) (2016) – Employer failed to establish that it did not, or could not, have known of the violative condition. Employer provided training records, but none related to fall hazards, and its testimony regarding its safety program was extremely general.

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