44 COR 40-7846 [¶22,705R]
FOOT PROTECTION – EMPLOYEES EXPOSED TO FOOT INJURIES
Cal. Code Regs, tit. 8, § 3385(a) (2017) – Employer violated the safety order by failing to require appropriate foot protection for employees exposed to foot injuries from falling objects, crushing and penetrating hazards. Consideration of American Society for Testing and Materials standards did not require dismissal of the citation.
INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD)
The Board disagreed with the ALJ’s conclusion that an operator of an industrial truck was not experienced in the job being performed with respect to the first element of the IEAD. Moreover, the ALJ erroneously held that the employee was required to testify in order for Employer to prevail on the fifth element of the IEAD. However, the evidence did not support that the employee knowingly violated Employer’s safety rule; as a result, the fifth element was not established.
Digest of COSHAB’s Decision After Reconsideration dated May 16, 2017, Inspection No. 1011071; Formerly Docket Nos. 15-R3D3-2298 and 2299.
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