46 COR 40-8204 [¶22,979]
CONTROL OF HAZARDOUS SUBSTANCES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, MEDICAL EVALUATION Cal. Code Regs, tit. 8, § 5144(e)(1) (2019) – The Division failed to establish that Employer did not medically clear use of respirators for employees prior to requiring their use to protect against cocci spores. Employer established that respirator use was voluntary and that the N95 mask was a filtering facepiece; as a result, medical evaluations were not required. CONTROL OF HAZARDOUS SUBSTANCES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, TRAINING AND INFORMATION Cal. Code Regs, tit. 8, § 5144(k)(5) (2019) – The Division failed to establish that Employer did not retrain employees regarding proper respirator use to protect against cocci spores, where applicability of the cited safety order was not demonstrated. CONSTRUCTION SAFETY ORDERS – GENERAL, INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, §§ 1509(a), 3202(a) (2019) – The Division failed to establish that Employer did not effectively implement its IIPP. Employer identified and evaluated the hazard of exposure to dust possibly containing cocci spores, and took adequate measures to correct the possibly unhealthy work condition of exposure to dust contaminated with cocci spores. c Cal. Code Regs, tit. 8, § 5144(a)(1) (2019) – The Division failed to establish that Employer did not require use of appropriate respirators to prevent exposure to cocci spores. Employer was not required to mandate respirator use for its employees.Summary of COSHAB-ALJ’s Decision dated August 16, 2019, Inspection No. 1236440 (Arroyo Grande, CA).
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