49 COR 40-9127 [¶23,436]
TOWER CRANE ASSEMBLY/DISASSEMBLY - Title 8, California Code of Regulations, §1611.1(a) The proffered evidence showed the Division did not establish that Employer failed to follow manufacturer’s procedures during disassembly. Title 8, California Code of Regulations, §1611.2(d) The Division presented insufficient evidence to show that Employer failed to ensure the crew understood instructions. Title 8, California Code of Regulations, §1611.2(h)(3)(B) The proffered evidence showed the Division established a violation because blocking was not in the proper location to prevent dangerous movement of the outer jib. Title 8, California Code of Regulations, §1611.2(h)(7) The proffered evidence showed the Division established a violation because the other jib was not rigged or supported to maintain stability. AFFIRMATIVE DEFENSES – Logical Time Defense The evidence showed this defense did not apply to the facts because the logical time had arrived to support the outer jib with rigging and blocking for pin removal. Newbery Defense The evidence showed that at least one of the key elements existed and therefore Employer did not meet its burden of proving the violation was unforeseeable. The defense did not apply. SERIOUS VIOLATION - REBUTTABLE PRESUMPTION - Title 8, California Code of Regulations, §6432(c) Citation 2 was properly classified as Serious as there was a realistic possibility of serious physical harm. Employer did rebut the presumption, and the citation was reclassified to General. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Items 1 and 2, was dismissed. Citation 1, Item 3 and Citation 2 were affirmed with appropriate penalties assessed.Digest of COSHAB ALJ’s Decision dated September 14, 2026, Inspection No. 1597182 (West Sacramento)
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