Section 4553.1 Of Article 1. General Provisions From California Labor Code >> Division 4. >> Part 2. >> Chapter 2. >> Article 1.
4553.1
. In order to support a holding of serious and willful
misconduct by an employer based upon violation of a safety order, the
appeals board must specifically find all of the following:
(1) The specific manner in which the order was violated.
(2) That the violation of the safety order did proximately cause
the injury or death, and the specific manner in which the violation
constituted the proximate cause.
(3) That the safety order, and the conditions making the safety
order applicable, were known to, and violated by, a particular named
person, either the employer, or a representative designated by
Section 4553, or that the condition making the safety order
applicable was obvious, created a probability of serious injury, and
that the failure of the employer, or a representative designated by
Section 4553, to correct the condition constituted a reckless
disregard for the probable consequences.