49 COR 40-8683 [¶23,245]
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) - California Code of Regulations, title 8, §3203(a)(6) –The evidence proffered by the Division, was sufficient to establish that Employer failed to implement procedures to correct unsafe or unhealthy conditions, work practices and work procedures. California Code of Regulations, title 8, §3203(a)(7) – The evidence proffered by the Division, was sufficient to establish that Employer failed to provide employees the knowledge to recognize, understand and avoid the hazard of COVID-19, and thus its training was ineffective. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION Labor Code § 6432(c) – Failure to show that the supervisor did not know and could not, with the exercise of reasonable diligence, have known of the health conditions of employees and failure of Employer to show that it took steps to correct the hazard of COVID-19, supports a finding that the Employer did not rebut the Serious classification. ASSESSMENT OF CIVIL PENALTIES The Citations, classified as Serious were affirmed and a penalty of $15,300 was assessed for each citation.Digest of COSHAB - ALJ’s Decision dated April 28, 2023, Inspection No. 1477159 (Bakersfield, CA)
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