49 COR 40-8609 [¶23,208]

SAFE PRACTICES AND PERSONAL PROTECTION – PROVISION OF WATER California Code of Regulations, title 8, § 3395(c) (2019) – Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working.

SAFE PRACTICES AND PERSONAL PROTECTION  –  WATER LOCATED AS CLOSE AS PRACTICABLE TO WHERE EMPLOYEES ARE WORKING California Code of Regulations, title 8, § 3395(c) (2019) – For purposes of the regulations “as close as practicable” means employers are required to locate water as close to the areas where employees are working as can be reasonably accomplished in order to encourage frequent water consumption, while taking into consideration the specific jobsite conditions.

REPEAT VIOLATIONS – SUBSTANTIALLY SIMILAR REGULATORY REQUIREMENT California Code of Regulations, title 8, § 334(d) (2019) – Violations need not be precisely the same in order to establish a repeat classification.

ASSESSMENT OF CIVIL PENALTIES – REASONABLENESS OF PENALTIES The Division did not provide evidence to support part of its proposed penalty, requiring the Employer be given the maximum credits and adjustments provided under the penalty-setting regulations such that the minimum penalty provided under the regulations for the violation was assessed. The Citation was affirmed and associated modified penalty of $27,000 was assessed. 

Summary of COSHAB-ALJ’s Decision dated October 12, 2022, Inspection No. 1336276 (St. Helena, CA)


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