SHEEDY DRAYAGE

By: Rick Waldinger

37 COR 40-6399 [¶ 21,624]

PREVENTING ACCIDENTS DUE TO PROXIMITY TO OVERHEAD LINES - WARNING SIGNS REQUIRED
Cal. Code Regs, tit. 8, § 2947 (2010) - Employer did not post required warning and informational signs, although it posted other warning signs about the same general hazard. The safety order does not provide that the posting of comparable signs satisfies the requirement. 

INJURY AND ILLNESS PREVENTION PROGRAM - INSPECTION RECORDS
Cal. Code Regs, tit. 8, § 1509(a) (2010) - There was no evidence that Employer failed to maintain or provide to the Division inspection records, as required by §3203(b)(1), the relevant safety standard.

INJURY AND ILLNESS PREVENTION PROGRAM - CODE OF SAFE PRACTICES (CSP)
Cal. Code Regs, tit. 8, § 1509(c) (2010) - Employer did not have a CSP posted, nor did it provide a copy to a supervisor who was able to make it readily available at the worksite. 

CRANES - HANDLING LOADS
Cal. Code Regs, tit. 8, § 4999(a) (2010) - Employer’s crane was loaded beyond its safe working capacity at the time of the final pick. Employer failed to prove both the independent employee act and “unforeseeability” defenses. 

CRANES - MOVING THE LOAD
Cal. Code Regs, tit. 8, § 4999(d)(3) (2010) - The crane’s hook was not positioned properly over the load at the time of the fatal injury accident. Employer failed to prove both the independent employee act and “unforeseeability” defenses.

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