2011 California Code
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002]
ARTICLE 1. General Provisions
(a) As used in this section:
(1) Employer means a named identifiable person who is, prior to the time of the employee s injury or death, an owner or supervisor having managerial authority to direct and control the acts of employees.
(2) Failure to install means omitting to attach a point of operation guard either provided or required by the manufacturer, when the attachment is required by the manufacturer and made known by him or her to the employer at the time of acquisition, installation, or manufacturer-required modification of the power press.
(3) Manufacturer means the designer, fabricator, or assembler of a power press.
(4) Power press means any material-forming machine that utilizes a die which is designed for use in the manufacture of other products.
(5) Removal means physical removal of a point of operation guard which is either installed by the manufacturer or installed by the employer pursuant to the requirements or instructions of the manufacturer.
(6) Specifically authorized means an affirmative instruction issued by the employer prior to the time of the employee s physical injury or death, but shall not mean any subsequent acquiescence in, or ratification of, removal of a point of operation safety guard.
(b) An employee, or his or her dependents in the event of the employee s death, may bring an action at law for damages against the employer where the employee s injury or death is proximately caused by the employer s knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer under conditions known by the employer to create a probability of serious injury or death.
(c) No liability shall arise under this section absent proof that the manufacturer designed, installed, required, or otherwise provided by specification for the attachment of the guards and conveyed knowledge of the same to the employer. Proof of conveyance of this information to the employer by the manufacturer may come from any source.
(d) No right of action for contribution or indemnity by any defendant shall exist against the employer; however, a defendant may seek contribution after the employee secures a judgment against the employer pursuant to the provisions of this section if the employer fails to discharge his or her comparative share of the judgment.
(Added by Stats. 1982, Ch. 922, Sec. 12.)
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