BSF FITNESS II, LLC DBA BSF FITNESS LLC

49 COR 40-8581 [¶23,196]

CLASSIFICATION OF VIOLATIONS – REASONABLENESS OF PENALTIES Anderson, Clayton & Company, Oilseed Processing Division, Cal/OSHA App. 79-131, DAR (July 30, 1984) [Digest ¶ 15,837R]. – although Employer only appealed the reasonableness of the penalties, the ALJ, citing Board precedent, held the classification of a violation bears directly on the propriety of the penalty and reviewed each of the four Citations against Employer to determine whether they were appropriately classified as General, in the case of Citation 1, or Serious for Citations 2, 3, and 4. EMERGENCY EYEWASH AND SHOWER EQUIPMENT Cal. Code Regs, tit. 8, § 5162(a) (2020) – the Employer failed to provide plumbed or self-contained eyewash equipment at all work areas where, during routine operations, the eyes of an employee may come into contact with substances including but not limited to bleach (corrosive), a Serious violation. INJURY AND ILLNESS PREVENTION PROGRAM – IDENTIFYING AND EVALUATING WORK PLACE HAZARDS (COVID-19) Cal. Code Regs, tit. 8, § 3203(a)(4) (2020) – the Employer failed to identify and evaluate the COVID-19 hazard at Employer’s workplace and implement corrective measures to limit employee exposure to the hazard, increasing the risk to employees that they would contract a potentially deadly disease, a Serious violation. INJURY AND ILLNESS PREVENTION PROGRAM – EFFECTIVE TRAINING AND INSTRUCTION Cal. Code Regs, tit. 8, § 3203(a)(7) (2020) – the employer failed to provide effective training and instruction to its own employees and contract employees regarding the new occupational hazard of COVID-19, a Serious violation. VIOLATIONS – WILLFUL SERIOUS (COVID-19) Cal. Code Regs, tit. 8, § 334(b)  - evidence presented to the ALJ demonstrated Employer failed to address the serious health risks associated with COVID-19 and did not take reasonable efforts to reduce or eliminate employee exposure to COVID-19. The Division correctly characterized the violation in Citation 3 as Willful Serious. ASSESSMENT OF CIVIL PENALTIES Per the decision of the ALJ, the evidence supported a determination that the Division properly classified Citation 1, Items 1 through 6, as General. The evidence further supported a determination that the Division correctly classified Citations 2, 3, and 4 as Serious. The evidence also supported a determination that the Division correctly characterized the violation identified in Citation 3 as Willful. Finally, evidence supported a determination that the penalties totaling $57,740 were reasonably calculated.

Summary of COSHAB-ALJ’s Decision dated August 16, 2022, Inspection No. 1487741 (Ventura, CA).

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