BERNARDS/BARTON MALOW, A JOINT VENTURE

By: Rick Waldinger

40 COR 40-6839 [¶ 22,110]

MULTI-EMPLOYER WORKSITES - CONTROLLING EMPLOYER
Cal. Code Regs, tit. 8, § 336.10(c) (2012) - There can be more than one controlling employer at a site, and Employer was a controlling employer. It failed to establish the affirmative defense of due diligence. The Division established employee exposure to the violative conditions. 

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - WRITTEN PLAN
Cal. Code Regs, tit. 8, §§ 3203(a)(3) and (a)(4) (2012) - The Division failed to establish that Employer did not establish, implement, and maintain an effective IIPP. 

LEAD - COMPLIANCE PROGRAM
Cal. Code Regs, tit. 8, § 1532.1(e)(2)(A) (2012) - Employer did not have a written lead compliance program. The Division established a general violation. 

LEAD - EXPOSURE ASSESSMENT
Cal. Code Regs, tit. 8, § 1532.1(e)(2)(A) (2012) - Employees were not protected from exposure to lead while cutting, torching, and grinding on lead painted surfaces. The Division established a general violation.

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