48 COR 40-8442 [¶23,124]
JURISDICTION — EMPLOYER-EMPLOYEE RELATIONSHIP Labor Code § 2750.5 (2021) – The cited individual had at least one employee. As such, the Division had jurisdiction to cite the individual as an “employer” for violations of applicable safety orders. REGULATIONS OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH – REGISTRATION, ASBESTOS-RELATED WORK Cal. Code Regs, tit. 8, § 341.6(a) (2021) – Employer failed to obtain registration for asbestos-removal work, regulatory violation. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), WRITTEN PROGRAM Cal. Code Regs, tit. 8, § 1509(a) (2021) – Employer did not have a written injury and illness prevention program, a general violation. CONSTRUCTION SAFETY ORDERS – INJURY AND ILLNESS PREVENTION PROGRAM (IIPP), CODE OF SAFE PRACTICES (CSP) Cal. Code Regs, tit. 8, § 1509(b) (2021) – Employer did not have a code of safe practices, a general violation. SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION, EMPLOYEE TRAINING Cal. Code Regs, tit. 8, § 3395(h)(1) (2021) – Employer did not provide heat illness prevention training, a general violation. SAFE PRACTICES AND PERSONAL PROTECTION, PERSONAL SAFETY DEVICES AND SAFEGUARDS – HEAT ILLNESS PREVENTION PLAN (HIPP) Cal. Code Regs, tit. 8, § 3395(i) (2021) – Employer did not have a heat illness prevention plan, a general violation. CONSTRUCTION SAFETY ORDERS – DUST, FUMES, MISTS, VAPORS, AND GASES, ASBESTOS, EXPOSURE ASSESSMENTS AND MONITORING Cal. Code Regs, tit. 8, § 1529(f)(1)(A) (2021) – Employer failed to determine whether employees at a jobsite would be exposed to dangerous airborne concentrations of asbestos, a general violation.Summary of COSHAB-ALJ’s Decision dated May 24, 2021, Inspection No. 1438716 (San Jose, CA).
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