Bingham

Bingham v. CTS Corp.

Good Law
1991 Cal. App. LEXIS 614·231 Cal. App. 3d 56·282 Cal. Rptr. 161·91 Daily Journal DAR 6921·15 OSHC (BNA) 1106
Court of Appeal of CaliforniaJune 11, 1991B048170California4,208 words

Opinion

Opinion

Gilbert, J.

Here we hold that the term “point of operation guard” as used in Labor Code section 4558 includes any apparatus or device that keeps a worker’s hands outside the point of operation while operating a power press.

CTS Corporation (CTS) appeals from the judgment entered after a jury rendered a special verdict in favor of respondent, William J. Bingham (Bingham), in a civil suit for damages for injuries arising out of an industrial accident. We affirm.

Facts

Bingham suffered severe, permanent injury to his wrist when it was crushed by the ram of the 175-ton power press brake he was operating on the job at CTS.

A power press brake is an industrial machine used to bend and form pieces of metal. A press brake reforms metal by use of a 12-foot ram which the press brake operator fits with various dies called punches. The ram moves the fitted punch through a 10-inch space to a “V” shaped die in the bed of the machine. The punch changes the shape of metal pieces placed in between the dies. The 10-inch space through which the top die moves to the bed of the press to reform the metal is called the “point of operation.” The point of operation is as wide as the top die used for the…

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