49 COR 40-8961 [¶23,349]
PNEUMATICALLY DRIVEN NAILERS – OPERATED PER MANUFACTURER’S INSTRUCTIONS – Title 8, Cal. Code of Regulations, §1704(b)(2) The Division failed to show Employer did not ensure that an employee operated a nailer in accordance with the manufacturer’s operating and safety instructions. Citation 1 was vacated.  SAFEGUARD AGAINST FALLING OBJECTS – Title 8, Cal. Code of Regulations, §3273(e)(1) Evidence proffered showed Employer did not employ any of the methods contemplated in the safety order to safeguard against employee exposure below an elevated work area.  AFFIRMATIVE DEFENSES – LOGICAL TIME DEFENSE - Employer failed to show that implementing the safeguards in the safety order would expose an employee to a greater danger than non-compliance.  SERIOUS CLASSIFICATION, ACCIDENT-RELATED AND REBUTTABLE PRESUMPTION – Labor Code §6432(a) and (c) Citation 2 - The causal nexus between the Serious violation and the injury was sufficient to sustain the Accident-Related classification.Employer did not rebut the presumption.  ASSESSMENT OF CIVIL PENALTIES - Citation 1 was vacated by the ALJ. Citation 2 was affirmed and the classification was correct. The ALJ determined it was appropriate to give Employer maximum credit in calculating the penalty.Digest of COSHAB ALJ’s Decision dated July 16, 2025, Inspection No 1321130 (Berkeley)
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