49 COR 40-8893 [¶23,314]
MEDICAL EVALUATION – RESPIRATOR USE - Title 8, California Code of Regulations, §5144(e)(1) – Employer failed to medically evaluate employees to determine their ability to use a respirator before the employee was fit tested or required to use the respirator. INJURY AND ILLNESS PREVENTION PROGRAM – Title 8, California Code of Regulations, §1509(a) – Employer failed to implement its procedures for correcting unsafe or unhealthy work conditions. ENGINEERING CONTROLS - Title 8, California Code of Regulations, §5144(a)(1) – Employer failed to ensure engineering control measures were in place when feasible and when not, appropriate respirators were used. VIOLATION - SERIOUS CLASSIFICATION Labor Code §6432(a) – The Division established a rebuttable presumption that Citations 2 and 3 were properly classified as Serious. AFFIRMATIVE DEFENSES – Labor Code §6317 – The proffered evidence showed the violations were continuous thus, Employer could not avail itself of the six-month statute of limitations. Due Diligence – The proffered evidence showed the Employer did not establish the due diligence defense. ASSESSMENT OF CIVIL PENALTIES - Citation 1, Item 1 and Citations and 2 and 3 were affirmed, and the proposed penalties were assessed.Digest of COSHAB ALJ’s Decision dated November 20, 2024, Inspection No 1235941 (Shandon)
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