Strict Construction For Damages.

Plaintiff was severely injured while operating a power press in the manual mode because the material being shaped had to be moved onto and off of the die by hand. The press was equipped with a two-hand activator system for operation in manual mode, and the die would not strike unless the operator used both hands to press buttons located outside the point of operation. There was no evidence the employer removed or tampered with the safety system, yet the press activated while plaintiff was using it, crushing her hand. The employer moved for summary judgment, arguing there was no evidence other than the safety system was properly installed. In opposition, plaintiff produced evidence the press requires the use of safety blocks, small blocks to physically prevent the machine from striking whenever the operator’s hands are in the point of operation. The trial court granted summary judgment, stating there was no evidence the employer received any communication from the manufacturer regarding safety blocks. The appellate court affirmed, stating the action was brought under Labor Code section 4558, which allows an employee to bring an action for damages against an employer who knowingly removes or knowingly fails to install a point of operation guard on a safety press, and that the California Supreme Court in LeFiell Manufacturing Co. v. Superior Court (2012) 55 Cal.4th 275, 286, [282 P.3d 1242, 1247, 145 Cal.Rptr.3d 543, 550], held that statute must be narrowly construed. In the instant case, the court reasoned the safety blocks are not a guard or device. (Gonzalez v. Seal Methods, Inc. (Cal. App. Second Dist., Div. 4; January 24, 2014) 223 Cal.App.4th 405, [166 Cal.Rptr.3d 895].)