42 COR 40-7281 [¶22,500R]
EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code §§ 6303, 6304.1(a) (2015) – The production crew and performers in Employer’s films were employees, not independent contractors. Employer was subject to the Cal/OSH Act and its safety standards covering bloodborne pathogens.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, EXPOSURE CONTROL PLAN
Cal. Code Regs, tit. 8, § 5193(c)(1) (2015) – The safety order applied to Employer’s industry. Employees were exposed to blood or other potentially infectious materials in the course of their work. Employer failed to establish and implement an effective exposure control plan. However, the classification of the violation as serious was incorrect; on reconsideration, the Board reclassified the violation as general. A single means of abatement would correct violations of §§5193(c)(1) and 5193(d)(1); thus, only one penalty was imposed for the two cited violations.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, UNIVERSAL PRECAUTIONS
Cal. Code Regs, tit. 8, § 5193(d)(1) (2015) – Employer failed to observe universal precautions during its film shoots. Employees were endangered by an existing hazardous condition or circumstance due to exposure to bloodborne pathogens when they had contact with blood or other potentially infectious materials. However, the classification of the violation as serious was incorrect; on reconsideration, the Board reclassified the violation as general. A single means of abatement would correct violations of §§5193(c)(1) and 5193(d)(1); thus, only one penalty was imposed for the two cited violations.
Digest of COSHAB’s Decision after Reconsideration dated August 13, 2015, Docket Nos. 10-R6D1-1093 through 1095.
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