42 COR 40-7233 [¶22,468]
EMPLOYER – EMPLOYEE RELATIONSHIP
Labor Code § 6304.1(a) (2015) – The extreme level of control by Employer of intermittent workers established that they were employees, not independent contractors.
ELECTRICAL SAFETY ORDERS – FLEXIBLE CORDS AND CABLES, USES NOT PERMITTED
Cal. Code Regs, tit. 8, § 2500.8(a)(3) (2015) – The Division established that flexible cords improperly ran up walls and through transoms at Employer’s worksite.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – DOCUMENTATION OF SAFETY AND HEALTH TRAINING
Cal. Code Regs, tit. 8, § 3203(b)(2) (2015) – Cited violations occurred more than six months prior to issuance of the citation and were not shown to be continuing violations. As a result, the Division failed to establish that the citation was issued within the six-month statute of limitations.
MEDICAL SERVICES AND FIRST AID – APPROVAL BY CONSULTING PHYSICIAN
Cal. Code Regs, tit. 8, § 3400(c) (2015) – Employer failed to have a consulting physician approve onsite first aid materials.
INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) – REQUIREMENT TO ESTABLISH, IMPLEMENT AND MAINTAIN EFFECTIVE IIPP
Cal. Code Regs, tit. 8, § 3203(a) (2015) – Employer failed to establish, implement and maintain an effective IIPP regarding exposure to electrical hazards and sexually transmitted illnesses.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, EXPOSURE CONTROL PLAN
Cal. Code Regs, tit. 8, § 5193(c)(1) (2015) – Employer failed to develop and implement procedures for an effective exposure control plan to address the hazards of bloodborne pathogens, including engineering controls, work practice controls, hepatitis B vaccination, post-exposure evaluation, follow-up and recordkeeping.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, UNIVERSAL PRECAUTIONS
Cal. Code Regs, tit. 8, § 5193(d)(1) (2015) – Employer failed to observe universal precautions. However, the proposed penalty was vacated as duplicative where a single method of abatement for violation of §5193(c)(1) was sufficient.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, ENGINEERING AND WORK PRACTICE CONTROLS
Cal. Code Regs, tit. 8, § 5193(d)(2) (2015) – Employer failed to require use of engineering controls and work practice controls to minimize employee exposure to blood and other potentially infectious materials (OPIM) during the production of adult videos. However, the proposed penalty was vacated as duplicative where a single method of abatement for violation of §5193(c)(1) was sufficient.
Summary of COSHAB-ALJ’s Decision
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