49 COR 40-8863 [¶23,302]
MACHINE GUARDING - Title 8, California Code of Regulations, §4002 (a) –The evidence proffered by the Division was insufficient to establish that the Employer failed to guard by location a machine with a revolving hazard created by a rotating rod. HAZARDOUS ENERGY CONTROL - Title 8, California Code of Regulations, §3314(c) – The evidence proffered by the Division, showed the roll sizer machine was not stopped, nor was its power source de-energized or disengaged. AFFIRMATIVE DEFENSE – INDEPENDENT EMPLOYEE ACTION - Employer met all five elements of the IEAD by a preponderance of the evidence and, thus, was excused from liability for Citation 2. PENALTIES - The Citations were vacated, and no penalties were assessed.Digest of COSHAB - ALJ’s Decision dated August 13, 2024, Inspection No. 1238985 (Bakersfield, CA)
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