GRIMMWAY ENTERPRISES, INC

By: Rick Waldinger

44  COR 40-7488 [¶22,651]

CONTROL OF HAZARDOUS ENERGY FOR CLEANING, REPAIRING, SERVICING, SETTING-UP, AND ADJUSTING OPERATIONS OF PRIME MOVERS, MACHINERY AND EQUIPMENT, INCLUDING LOCKOUT/TAGOUT – CLEANING, SERVICING AND ADJUSTING OPERATIONS
Cal. Code Regs, tit. 8, § 3314(c) (2016) – Employer failed to ensure that a de-watering unit was stopped and de-energized during cleaning operations. 

INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD)
Employer established all elements of the IEAD in connection with an employee’s injury that occurred when he reached inside a de-watering unit that was not locked-out or de-energized.

PRIME MOVERS AND MACHINERY – CONVEYORS, GUARDING
Cal. Code Regs, tit. 8, § 3999(b) (2016) – The Division failed to establish that Employer did not adequately guard the in-running nip point created by a conveyor belt and sprockets of a de-watering unit, such that an employee could reach behind the guard and become caught in the nip point.

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