36 COR 40-6322 [¶ 21,528]
ELECTRICAL - CLEARANCE FROM HIGH VOLTAGE LINES
Cal. Code Regs, tit. 8, § 2946(b)(2) (2009) - Employer failed to provide proper clearance from energized overhead power lines. Based upon Employer’s lack of knowledge of the fatally injured employee’s conduct, however, the violation was reclassified.
DEFENSES - INDEPENDENT EMPLOYEE ACT (IEAD)
Employer did not present evidence that it had a policy of sanctions against employees who violated its safety program. Thus, Employer failed to establish all elements of the IEAD.
LADDERS - ELECTRICAL WORK
Cal. Code Regs, tit. 8, § 1675(l) (2009) - The Division established a general violation for failure to prohibit metal ladders from being used for electrical work or where they may contact electrical conductors. The citation was not duplicative of a citation issued under §2946(b)(2).