CITATION - NOT VALID
LAB. § 6404.5(b) (2003) - The Division did not, absent a regulation or the use of a Special Order, have the authority to cite Employer for a willful/serious violation of a Labor Code provision prohibiting tobacco smoking in the workplace.
SMOKING - CITATION UNDER LABOR CODE INVALID
LAB. § 6404.5(b) (2003) - The Division did not have the authority to cite Employer, the owner of a bar, for permitting smoking by its employees and customers. No safety order regulation is in place; the Division did not issue a Special Order; the Co