49 COR 40-8637 [¶23,222]

INJURY AND ILLNESS PROTECTION PLAN – DOCUMENTATION OF SAFETY AND HEALTH TRAINING California Code of Regulations, title 8, § 3203(b)(2) (2020) – Although Employer documented COVID-19 training provided to its new hires, Employer did not document COVID-19 training for existing employees who began work prior to the COVID-19 pandemic. INJURY AND ILLNESS PROTECTION PLAN – eFFECTIVE HEALTH AND SAFETY TRAINING California Code of Regulations, title 8, § 3203(a)(7) (2020) – An employer is given latitude to provide training in various ways and through various channels. The only requirement is that the training be effective to permit employees to recognize and avoid the hazard. The Division did not meet its burden of proof to show a violation of the regulation and the citation was vacated. ASSESSMENT OF CIVIL PENALTIES The violation of § 3203(b)(2) was affirmed and a penalty of $375 was assessed. The violation of § 3203(a)(7) was vacated and the associated penalty of $560 was set aside.

Summary of COSHAB-ALJ’s Decision dated December 30, 2022, Inspection No. 1473644 (Seattle, WA)


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