41 COR 40-7138 [¶22,397R]
EMPLOYER – PRIMARY VS. SECONDARY
The Board concluded that the PEMCO II defense, which relieves a primary employer of liability for violation of a safety order when it has contracted away its ability to effectively supervise its employees, is not consistent with the Cal/OSH Act.
POINTS OF OPERATION – MAINTENANCE AND USE OF POINT OF OPERATION TOOLS AND GUARDS
Cal. Code Regs, tit. 8, § 4186(b) (2014) – The Division established a serious violation for an inadequate guard at the point of operation of a bottle filler/capping machine.
POINTS OF OPERATION – GUARDING REQUIRED
Cal. Code Regs, tit. 8, § 4184(b) (2014) – The Division established a serious, accident-related violation for an inadequate guard of a moving sprocket and chain pulley, and nip/pinch points, on a bottle filler/capping machine.
Digest of COSHAB’s Decision After Reconsideration dated August 28, 2014, Docket Nos. 10-R4D3-2456 through 2458.
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