42 COR 40-7319 [¶22,529]
MACHINERY AND EQUIPMENT – NOT OPERATED UNDER CONDITIONS OF SPEEDS, STRESSES, OR LOADS THAT ENDANGER EMPLOYEES
Cal. Code Regs, tit. 8, § 3328(a) (2015) – Employer violated the safety order when its employee operated an off-road vehicle at unsafe speed and under conditions of unsafe stresses, endangering himself and a passenger.
DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD)
Although an employee operated an off-road vehicle at unsafe speed and under conditions of unsafe stresses, Employer established all five elements of the IEAD, which excused the violation of the safety order.
Summary of COSHAB-ALJ’s Decision dated October 22, 2015, Docket No. 13-R3D3-3174 (Escondido, CA
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