2804. Removal or Noninstallation of Power Press Guards (Lab. Code, § 4558) Essential Factual Elements

2804. Removal or Noninstallation of Power Press Guards-- Essential Factual Elements (Lab. Code, § 4558) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A "power press" is a machine that forms materials with a die in the manufacture of other products. A "die" is a tool that imparts shape to material by pressing against or through the material. A "guard" is any device that keeps a worker's hands or other parts of the body outside the point of operation. [ of plaintiff] claims that [he/she] was harmed because [name of defendant] [removed/failed to install] guards on a power press. To establish this claim, [name must prove all of the following: 1. 2. 3. 4. 5. That [name of defendant] was [name of plaintiff]'s [employer/supervisor]; That [name of plaintiff] was injured while operating a power press; That [name of defendant] gave an affirmative instruction to [remove/not install] the guards before [name of plaintiff]'s injury That when [name of defendant] did so, [he/she/it] knew that the lack of guards would create a probability of serious injury or death; That the power press's [designer/fabricator/assembler] [designed the press with guards/installed guards on the press/required guards be attached/specified that guards be attached] and directly or indirectly conveyed this information to [name of defendant]; and That [name of defendant]'s [removal of/failure to install] the guards was a substantial factor in causing [name of plaintiff]'s harm. 6. ________________________________________________________________________________ New September 2003; Revised December 2011