49 COR 40-9053 [¶23,394]
OPERATION OF INDUSTRIAL TRUCKS - Title 8, California Code of Regulations, §3650(t)(33) - The Division established that Employer failed to ensure the use of an operator restraint system (seatbelt) when forklifts were operated. AFFIRMATIVE DEFENSE – Independent Employee Action Defense - Employer failed to establish all five elements of IEAD and, therefore, did not meet its burden of proof. REPEAT GENERAL CLASSIFICATION – Title 8, California Code of Regulations, §334(d) – The proffered evidence established that Employer received a citation involving substantially similar regulatory requirements and essentially similar conditions or hazards within five years from the date the previous citation became final. ASSESSMENT OF CIVIL PENALTIES - Citation 1 was affirmed and the adjusted penalty was deemed reasonable.Digest of COSHAB ALJ’s Decision dated Feb. 27, 2026, Inspection No. 1603753 (Fremont)
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