36 COR 40-6299 [¶ 21,503]
FLOOR OPENINGS - INADEQUATE COVERING
Cal. Code Regs, tit. 8, § 1632(b)(3) (2009) - The evidence established that a plywood cover on a skylight opening was neither marked nor properly secured on the day of an injury accident. The violation was classified properly as serious, and Employer failed to prove the defense of lack of employer knowledge of the violative condition.
FALL PROTECTION - CLASSIFICATION OF VIOLATION
Cal. Code Regs, tit. 8, § 1670(a) (2009) - Employer established that it exercised reasonable diligence in its oversight of employees’ compliance with the safety order requiring use of fall restraint equipment. The ALJ reclassified the violation as “general.”