44 COR 40-7822 [¶22,681]
EMPLOYER-EMPLOYEE RELATIONSHIP – ADMISSIONS OF SUPERVISORS
Labor Code § 6314 (2017) – Two workers observed in aerial devices were Employer’s employees, a conclusion supported by a foreman’s admissions, and Employer’s stipulation.
ELEVATING WORK PLATFORMS AND AERIAL DEVICES – OPERATING INSTRUCTIONS (AERIAL DEVICES), USE OF EDGE OF BASKET TO GAIN GREATER WORKING HEIGHT
Cal. Code Regs, tit. 8, § 3648(e) (2017) – The Division established that two employees were in aerial devices and gained greater working height by standing on the edge of the basket.
ELEVATING WORK PLATFORMS AND AERIAL DEVICES – OPERATING INSTRUCTIONS (AERIAL DEVICES), EMPLOYEES SECURED TO BOOM, BASKET OR TUB
Cal. Code Regs, tit. 8, § 3648(o) (2017) – The Division established that employees, while in an elevated aerial device, were not secured to the boom, basket or tub of the aerial device by safety belt, body belt or body harness equipped with a safety strap or lanyard.