38 COR 40-6633 [¶ 21,877]
HEAT ILLNESS PREVENTION - PROVISION OF WATER
Cal. Code Regs, tit. 8, § 3395(c) (2011) - The Division failed to establish the applicability of the safety order, which required provision of potable water to employees at an outdoor place of employment. The Division did not establish that security guard employees worked in an outdoor place of employment.
SANITARY FACILITIES - TOILET FACILITIES WITHIN 200 FEET
Cal. Code Regs, tit. 8, § 3364(b) (2011) - Toilet facilities were not located within 200 feet of a location where employees were regularly employed. Employer failed to establish that it was not practicable to locate facilities within 200 feet. The Division established a general violation, but Employer was entitled to penalty reduction.
HEAT ILLNESS PREVENTION - WRITTEN PROVISIONS
Cal. Code Regs, tit. 8, § 3395(e)(3) (2011) - The Division did not establish that employees worked in an outdoor place of employment. Therefore, the ALJ could not conclude that the safety order was applicable.