MULTI-EMPLOYER WORKSITES - CONTROLLING EMPLOYER Cal. Code Regs, tit. 8, § 336.10, Labor Code § 6400(b)(3) (2012) - Although an ALJ decision applied then-applicable, since-overturned Board precedent, the conclusion that Employer violated the safety order when a worker stood on a scissor lift guardrail to gain greater working height was correct under either test. Employer could have abated the violation, and it stipulated that it knew or should have known about the violation.
