49 COR 40-8661 [¶23,235]
FALL PROTECTION – RELEVANT EVIDENCE California Code of Regulations, title 8, § 1669(a) (2020) –. The evidence proffered by the Division, including worker testimony, as a whole, was sufficient to establish the violation and overcome Employer’s evidence when determining whether adequate fall protect was provided consistent with the regulation. INDEPENDENT EMPLOYEE ACTION DEFENSE (IEAD) Employer established two elements of the IEAD, demonstrating a well-designed safety program and that employees were action contrary to Employer’s safety instructions. Because the IEAD requires all five elements of the IEAD to be proved, the defense failed. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) (2020) – Failure to adequately supervise an employee supports a finding that the employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTIES The Citation, including a classification of Serious-Accident Related, was affirmed and an adjusted penalty of $7,200 was assessed.Summary of COSHAB-ALJ’s Decision dated February 13, 2023, Inspection No. 1451264 (San Diego, CA)
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