Section 336.11 - Determination of Applicability of DefensesPrior to issuing any citation to an exposing employer, the Division shall first determine whether available information indicates that the employer meets each of the defenses listed below. If the Division concludes that all five defenses have been met, the citation shall not be issued. These defenses are:
(a) The employer did not create the hazard.(b) The employer did not have the responsibility or the authority to have the hazard corrected.(c) The employer did not have the ability to correct or remove the hazard.(d) The employer can demonstrate that the creating, the controlling and/or the correction employers, as appropriate, were specifically notified or were aware of the hazards to which his/her employees were exposed.(e) The employer took appropriate feasible steps to protect his/her employees from the hazard, instructed them to recognize the hazard and, where necessary, informed them how to avoid the dangers associated with it. For the purposes of this section, where an extreme hazard is involved, appropriate feasible steps include removing the employer's employees from the job, if there is no other way to protect them from the hazard.Cal. Code Regs. Tit. 8, § 336.11
1. New section filed 12-1-97; operative 12-31-97 (Register 97, No. 49). Note: Authority cited: Sections 54 and 55, Labor Code. Reference: Sections 50.7, 6317, 6400, 6401, 6402, 6403, 6404, 6405, 6406 and 6407, Labor Code.
1. New section filed 12-1-97; operative 12-31-97 (Register 97, No. 49).