49 COR 40-9044 [¶23,390]
PNEUMATICALLY DRIVEN NAILERS – OPERATED PER MANUFACTURER’S INSTRUCTIONS – Title 8, Cal. Code of Regulations, §1704(b)(2) The proffered evidence showed that Employer did not ensure that an employee operated a nailer in accordance with the manufacturer’s operating and safety instructions. INDEPENDENT EMPLOYEE ACT DEFENSE - Employer failed to establish all five elements of IEAD. SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Labor Code §6432(a) and (c) The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - The proposed penalty of the affirmed citation was assessed.Digest of COSHAB ALJ’s Decision dated February 24, 2026, Inspection No 1692164 (Roseville)
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