43 COR 40-7348 [¶22,552]
EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code §§ 6304.1(a), 6303(a), 6303(b) (2015) – Employer exercised almost total control over the means and manner of the sign twirling work that the employee performed, which was was identical and integral to the services provided by Employer to its clients. The evidence strongly supported that the relationship was employer-employee. Thus, the Division properly exercised jurisdiction to investigate and cite Employer.
PENALTIES – FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2015) – Employer’s failure to report its employee’s fatality required assessment of the full $5,000 penalty.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – RECORDS OF SCHEDULED AND PERIODIC INSPECTIONS
Cal. Code Regs, tit. 8, § 3203(b) (2015) – Employer failed to maintain or provide records of scheduled and periodic inspections of the worksite to the Division.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – WRITTEN PLAN
Cal. Code Regs, tit. 8, § 3203(a) (2015) – Employer failed to establish a written IIPP.
HEAT ILLNESS PREVENTION – WRITTEN PLAN
Cal. Code Regs, tit. 8, § 3395(f)(3) (2015) – Employer failed to establish a written heat illness prevention program.
HEAT ILLNESS PREVENTION – TRAINING
Cal. Code Regs, tit. 8, § 3395(f)(1) (2015) – Employer failed to effectively train its employee in heat illness prevention prior to commencing work.
HEAT ILLNESS PREVENTION – PROVISION OF WATER
Cal. Code Regs, tit. 8, § 3395(c) (2015) – Employer failed to provide sufficient potable drinking water or maintain procedures for replenishment during its employee’s shift.