40 COR 40-6968 [¶22,238]
ASBESTOS - INITIAL EXPOSURE ASSESSMENT BY COMPETENT PERSON
Cal. Code Regs, tit. 8, § 1529(f)(2)(A) (2013) - Employer did not provide a “competent person” to conduct an exposure assessment immediately before or at the initiation of a “popcorn” ceiling removal operation. Employer exposed its employees to the hazard. The ALJ reclassified the violation from general to willful general.
ABESTOS - BUILDING AND FACILITY OWNERS’ DUTY TO DETERMINE PRESENCE, LOCATION AND QUANITY OF ACM/PACM BEFORE WORK BEGINS
Cal. Code Regs, tit. 8, § 1529(k)(2)(A) (2013) - Employer failed to determine the presence, location, and quantity of asbestos-containing material (ACM) and/or presumed asbestos-containing material (PACM) at the worksite. The ALJ reclassified the violation from general to willful general, but vacated the increased penalty, as a single method of abatement eliminated both cited violations.