42 COR 40-7237 [¶22,469R]
POWER TRANSMISSION EQUIPMENT, PRIME MOVERS, MACHINES AND MACHINE PARTS – GUARD STANDARDS, ENCLOSURE GUARD
Cal. Code Regs, tit. 8, § 3943(c) (2015) – At hearing, the ALJ erroneously concluded that there was insufficient evidence that a fan guard was damaged prior to a serious injury accident, that the guard was inadequate, or that the fan was not completely guarded. On reconsideration, the Board found that the fan blade guard was damaged prior to the injury accident. Because the Division showed that a gap or opening existed in the fan guard prior to the incident, the cited violation existed.