JAFEC USA, INC.

48 COR 40-8437 [¶23,121R]

CONSTRUCTION SAFETY ORDERS – HAULAGE AND EARTH MOVING, WARNING METHODS Cal. Code Regs, tit. 8, § 1592(e) (2021) – The Appeals Board affirmed the ALJ’s decision finding Employer failed to implement sufficient controls for hauling operations to ensure vehicle operators knew of the presence of employees on foot in the area of operation, a serious, accident-related violation. Employer’s policy of instructing on-foot employees to watch out for the equipment, and to communicate with operators through eye contact and hand signals, was insufficient to inform an excavator operator of an employee’s location. DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD) The Appeals Board affirmed the ALJ’s decision finding Employer failed to establish the second and fifth elements of the independent employee action defense. The Board additionally concluded Employer failed to establish the third element of the IEAD, because its system of eye contact and hand signals was not effectively enforced to notify an excavator operator of an employee’s presence; and that the IEAD was not established with regard to the second employee involved in the accident, the excavator operator.

Digest of COSHAB’s Decision After Reconsideration dated June 2, 2021, Inspection No. 1290383.

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