WILSON CONSTRUCTION COMPANY

By: Rick Waldinger

42  COR 40-7331 [¶22,541]

HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS – GROUNDING OF SYSTEMS AND CIRCUITS, NONCURRENT-CARRYING METAL PARTS OF PORTABLE AND FIXED EQUIPMENT
Cal. Code Regs, tit. 8, § 2743(b) (2015) – Employer failed to ensure that all noncurrent-carrying metal parts of portable and fixed equipment, including their associated fences, housings, enclosures, and supporting structures, were grounded. However, Employer established the independent employee action defense with respect to the violation and, as a result, it was dismissed.

HIGH-VOLTAGE ELECTRICAL SAFETY ORDERS – WORK ON OR IN PROXIMITY TO OVERHEAD HIGH VOLTAGE LINES
Cal. Code Regs, tit. 8, § 2941(i)(1)(D) (2015) – Employer failed to prevent the possibility of a hazardous induced voltage buildup from a conductor that was not grounded. However, Employer established the independent employee action defense with respect to this violation and, as a result, it was dismissed.

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – HAZARD IDENTIFICATION PROCEDURES
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4) (2015) – The Division failed to establish that Employer did not have effective hazard identification procedures in place to ensure that employees installing a dead-end board platform were safe. 

DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD)
Employer established all five elements of the IEAD with respect to two cited violations. The IEAD applies to more than one employee in an incident where both employees violate a safety order.

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