43 COR 40-7339 [¶22,545R]
PENALTIES – SERIOUS VIOLATION, 1BY FORM
Labor Code § 6432(b)(2) (2015) – The Division’s failure to properly complete a 1BY form deprived Employer of the opportunity to respond to the specific charges, as provided by Labor Code §6432(b)(1)(E). However, the Division’s conduct showed a good faith attempt to comply with Labor Code §6432.
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – FAILURE TO CORRECT UNSAFE WORK CONDITIONS
Cal. Code Regs, tit. 8, § 3203(a)(2) (2015) – Employer failed to demonstrate that it had implemented its written IIPP to recognize employees who engage in safe and healthy work practices. It also failed to provide training as required by the safety order, or show that it had implemented an effective disciplinary program related to health and safety violations.