49 COR 40-8999 [¶23,370]
LOAD HANDLING Title 8, California Code of Regulations, §4999(i)(2) – The ALJ determined the safety order was not applicable because the proffered evidence showed the load (cage) was not considered suspended by the crane. Title 8, California Code of Regulations, §5008(e) – The proffered evidence showed Employer failed to ensure the crane operator secured the cage before leaving the crane unattended. SERIOUS CLASSIFICATION AND REBUTTABLE PRESUMPTION – Labor Code §6432 (c) – Citation 2 was properly classified as Serious. Employer did not rebut the presumption. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Items 1, 2 and 4 were vacated. Citation 1, Item 3, and Citation 2 were affirmed, and penalties were assessed for a total of $7,125.Digest of COSHAB ALJ’s Decision dated Oct. 13, 2025, Inspection No. 1487520 (Bakersfield)
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