38 COR 40-6617 [¶ 21,860]
SANITATION - WATER SUPPLY
Cal. Code Regs, tit. 8, §§ 3363(a), 3363(b) (2011) - Employer did not provide potable drinking water for field staff employees at an outdoor water fountain. Further, the water fountain and an attached ice machine which supplied ice were not maintained in a clean and sanitary condition.
HEAT ILLNESS PREVENTION - ACCES TO SHADE
Cal. Code Regs, tit. 8, § 3395(d) (2011) - None of Employer’s field staff employees working outdoors claimed or were observed to be symptomatic of heat stress or heat illness. They did not report suffering from heat illness or request a preventative recovery period such that access to an area with shade for cooling purposes had to be provided under the version of the heat illness regulation cited at the time. The Division failed to establish a violation.
MEDICAL SERVICES AND FIRST AID - PROVISIONS IN ADVANCE FOR PROMPT MEDICAL TREATMENT
Cal. Code Regs, tit. 8, § 3400(f) (2011) - Employer failed to make effective provisions in advance for prompt medical attention in case of a serious injury to field staff technicians who were required to work at isolated locations.
TELECOMMUNICATIONS - TRAINING ON PROCEDURES TO BE FOLLOWED IN EMERGENCY SITUATIONS
Cal. Code Regs, tit. 8, § 8603(a)(2) (2011) - Employer had a program in place to train field staff technicians, who worked outdoors and in customer’s homes, on procedures to be followed in workplace violence emergency situations. The Division failed to establish a violation.
TELECOMMUNICATIONS - TOOLS AND PERSONAL PROTECTIVE EQUIPMENT
Cal. Code Regs, tit. 8, § 8605(a) (2011) - Employer failed to provide personal protection equipment to field staff technicians, who were required to work in adverse weather conditions, to protect them from hypothermia.
HEAT ILLNESS PREVENTION - HIGH-HEAT PROCEDURES
Cal. Code Regs, tit. 8, § 3395(e)(1) (2011) - Employer failed to provide training to field staff technicians on heat illness prevention. The violation was properly classified as serious: the Division proved a direct connection between the lack of training on heat illness prevention and the substantial probability of serious physical harm or death if an accident occurred as a result of the violative condition.