49 COR 40-8857 [¶23,298]
MACHINERY AND EQUIPMENT GUARDING - Title 8, California Code of Regulations, §4075(a) - The evidence proffered showed that the sprocket chain drives located 7 feet or less above the working level were not guarded. VIOLATIONS - SERIOUS CLASSIFICATION ACCIDENT RELATED Labor Code §6432(a) – The Division established a rebuttable presumption that Citation 2 was properly classified as Serious. The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification. AFFIRMATIVE DEFENSES – Guarded by Location - Title 8, California Code of Regulations, §3941 - The evidence proffered showed the defense was inapplicable and unsupported by the facts, as location of the chain drives did not remove the likelihood of contact for operators. Independent Employee Act Defense – The defense is unavailable in failure to guard cases. ASSESSMENT OF CIVIL PENALTY Citation 2 was affirmed, and the proposed penalty was assessed.Digest of COSHAB ALJ’s Decision dated July 19, 2024, Inspection No 1595696 (Fresno)
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