43 COR 40-7420 [¶22,605]
TREE WORK, MAINTENANCE OR REMOVAL – SAFE WORK PROCEDURES, CLIMBING AND ACCESS
Cal. Code Regs, tit. 8, § 3427(a)(3)(A) (2016) – Employer failed to ensure that an employee performing tree-cutting work remained tied-in or secured until the work was completed and he returned to the ground.
INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD)
Employer took all reasonable steps to avoid employee exposure to the hazard posed by not being properly secured to the tree, but the unpredictable actions of the employee circumvented and frustrated Employer’s best efforts. Employer established the IEAD.