39 COR 40-6764 [¶ 22,022]
RAILINGS AND TOEBOARDS - WALL OPENINGS
Cal. Code Regs, tit. 8, § 1621(a) (2012) - The Division established that Employer failed to install a guardrail adjacent to a third-floor wall opening.
DEFENSES - INDEPENDENT EMPLOYEE ACTION
The independent employee act defense was not available with respect to a citation for a failure to maintain a guardrail.
VIOLATION - CLASSIFICATION
The Division properly classified a fall protection violation as serious because a 20-foot fall from a third-floor unprotected opening onto a parking lot, to a substantial probability, would result in serious physical harm or death.