49 COR 40-0875 [¶23,307R]
OBSERVERS - Title 8, California Code of Regulations, §2940(d) - A qualified electrical worker was not present when work was performed on an exposed conductor. INSULATING EQUIPMENT - Title 8, California Code of Regulations, §2940.6(a) - Employer failed to ensure the use of appropriate PPE and insulating equipment designed for the voltage to be encountered. GROUNDING DE-ENERGIZED CONDUCTORS – Title 8, California Code of Regulations, §2941(h)(4) - A test was not conducted to ensure that conductors or equipment was de-energized. THRESHOLD CLEARANCES - Title 8, California Code of Regulations, §2940.2(a) - Employer failed to maintain the required threshold clearance from exposed energized parts. SERIOUS CLASSIFICATION – Labor Code §6432(a) – Citations 1, 2, and 3 were properly classified as Serious after review of the facts of the violations. SERIOUS ACCIDENT-RELATED CLASSIFICATION – The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification. AFFIRMATIVE DEFENSES – INDEPENDENT EMPLOYEE ACT DEFENSE - Employer failed to establish all five elements of IEAD. The supervisor exception to the IEAD applied, and the defense was unavailable to Employer. NEWBERY DEFENSE – The violations were foreseeable thus, the Newbery Defense was not applicable to any of the citations. ASSESSMENT OF CIVIL PENALTIES – Citations 1 through 3 were affirmed but the penalty calculations were amended. The ALJ’s Decision was reversed regarding Citation 4. It was affirmed with the penalty proposed. Total penalties assessed for all citations were $26,100. PENALTIES – DUPLICATIVE VIOLATIONS Duplicative penalty reduction was not warranted.Digest of COSHAB’s Decision After Reconsideration dated October 30, 2024, Inspection No. 1233597.
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