38 COR 40-6514 [¶ 21,747R]
HAND PROTECTION - ENTANGLEMENT HAZARDS
Cal. Code Regs, tit. 8, §3384(b) (2010) - The Division established a violation for an employee wearing gloves near an entanglement hazard, but failed to establish that Employer knew or should have known of the existence of the violation.
MACHINERY AND EQUIPMENT - DE-ENERGIZING AND LOCKING OUT DURING MAINTENANCE
Cal. Code Regs, tit. 8, § 3314(a) (2010) - The Division established a violation for an employee adjusting a conveyor that was not de-energized, but failed to establish that Employer knew or should have known of the existence of the violation. The Board reduced the classification of the citation from serious to general.
DEFENSES - INDEPENDENT EMPLOYEE ACTION (IEAD)
The Board agreed with the ALJ’s decision that Employer failed to establish the IEAD, but reached its conclusion on different grounds. The Board also rejected an “employee malfeasance” defense.