MARTIN J. SOLIS DBA SOLIS FARM LABOR CONTRACTOR.

By: Rick Waldinger

37 COR 40-6473 [¶ 21,706]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – HEAT ILLNESS PREVENTION PROGRAM TRAINING PROCEDURES
Cal. Code Regs, tit. 8, §§3203(a), 3395(e)(3) (2010) - Employer did not implement a written IIPP or written heat illness prevention program training procedures for employees who were working outdoors, in the heat, trimming grape vines in a vineyard. The Division established violations of both safety orders. 

AGRICULTURAL OPERATIONS - FIRST-AID KIT
Cal. Code Regs, tit. 8, §3439(a) (2010) - The Division failed to establish that Employer did not have first-aid materials at its farm headquarters or in the vehicle of a traveling foreman. 

AGRICULTURAL OPERATIONS - FIELD SANITATION
Cal. Code Regs, tit. 8, §3457(c)(1)(C) (2010) - The Division established that Employer failed to provide single-use drinking cups for drinking water. 

HEAT ILLNESS PREVENTION - ACCESS TO SHADE
Cal. Code Regs, tit. 8, §3395(d) (2010) - Access to a shaded area was not required where there was no evidence that any employee working in the grape vineyard was suffering from heat illness or indicated need for a preventative recovery period. The Division failed to establish a violation. 

HEAT ILLNESS PREVENTION - EMPLOYEE TRAINING
Cal. Code Regs, tit. 8, §3395(e)(1) (2010) - Employer’s non-supervisory employees were not trained on heat illness prevention.  The Division properly classified the violation as serious. 

HEAT ILLNESS PREVENTION - SUPERVISOR TRAINING
Cal. Code Regs, tit. 8, §3395(e)(2) (2010) - Employer’s supervisory personnel who were required to supervise employees working in the heat were not trained by Employer on heat illness prevention. The Division properly classified the violation as serious.   

AGRICULTURAL OPERATIONS - FIRST-AID KIT AT REMOTE LOCATIONS
Cal. Code Regs, tit. 8, §3439(b) (2010) - Employees were working at a remote location. The Division did not prove that Employer failed to make provisions in advance for prompt medical attention in case of emergency. The Division failed to establish a violation.

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