48 COR 40-8399 [¶23,102R]
CONTROL OF HAZARDOUS SUBSTANCES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, PERMISSIBLE PRACTICE Cal. Code Regs, tit. 8, § 5144(a)(1) (2021) – The Division established Employer did not require use of appropriate respirators to prevent exposure to cocci spores when engineering controls were not feasible to prevent disease, a serious violation. CONSTRUCTION SAFETY ORDERS – GENERAL, INJURY AND ILLNESS PROTECTION PROGRAM (IIPP) Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(4) and (a)(6) (2021) – The Division established Employer did not effectively implement its IIPP related to its soil-disturbing activities where the soil may have contained cocci fungal spores. The violation was properly classified as repeat-serious. CONTROL OF HAZARDOUS SUBSTANCES – DUSTS, FUMES, MISTS, VAPORS AND GASES, RESPIRATORY PROTECTION, MEDICAL EVALUATION Cal. Code Regs, tit. 8, § 5144(e)(1) (2021) – The Division established Employer did not provide clear direction to employees as to when masks should be utilized, nor specifically required mask usage, when its engineering controls were not feasible to prevent atmospheric contamination by cocci fungal spores, a general violation. Employer was not entitled to application of the §5144(c) exception, which applies where respirator use is 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) (2021) – The Division did not establish Employer failed to retrain employees regarding proper respirator use to protect against cocci spores.Digest of COSHAB’s Decision After Reconsideration dated March 26, 2021, Inspection No. 1236440.
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