49 COR 40-9096 [¶23,417R]
FALL PROTECTION and LADDER SAFETY – Title 8, California Code of Regulations, §1670(a) and §1675(b) The Appeals Board concluded that Employer’s work required fall protection and Employer was not entitled to the “greater hazard” defense. The Appeals Board concluded that Employer failed to ensure proper ladder use. AFFIRMATIVE DEFENSE – INDEPENDENT EMPLOYEE ACT The Board found that Employer failed to establish three elements of the IEAD. LABOR CODE §6432(c) – Employer failed to rebut the presumption of a serious citation. As a result, Citations 2 and 3 were properly classified as serious and the Board reinstated the proposed penalties. PENALTIES – DUPLICATIVE VIOLATIONS The Board concluded that Citation 1, Item 3, and Citations 2 and 3 were duplicative.Digest of COSHAB’s Decision After Reconsideration dated July 13, 2026, Inspection No. 1355061.
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