PACIFIC SUPPLY

By: Rick Waldinger

37 COR 40-6407 [¶ 21,634]

INDUSTRIAL TRUCKS - FORKLIFT
Cal. Code Regs, tit. 8, § 3650(t)(15) (2010) - Employer’s forklift operator backed down a slope with the forks of the forklift in an elevated position, an unsafe manner that violated the safety order. 

DEFENSES - INDEPENDENT EMPLOYEE ACT (IEAD)
When Employer’s forklift operator moved the forklift with the forks in an elevated position, he knew that he was acting contrary to Employer’s safety rules. Employer established the fifth element of the IEAD; the Division stipulated to all other elements.

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