SEAWORLD LLC DBA SEA WORLD AQUATICA

By: Rick Waldinger
44 COR 40-7833 [¶22,690] INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – EFFECTIVE IIPP Cal. Code Regs, tit. 8, § 3203(a) (2017) – Employer failed to establish an IIPP containing all of the elements required by §3203. Although Division did not establish that Employer’s IIPP lacked an effective, written system for ensuring that employees complied with safe and healthy work practices, the IIPP lacked effective procedures for identifying and evaluating workplace hazards. CONSTITUTIONAL ARGUMENTS – DUE PROCESS, BIAS While the ALJ found that the Division inspector harbored personal bias against Employer, the citation for an inadequate IIPP was upheld based on ample independent evidence. PERSONAL SAFETY DEVICES AND SAFEGUARDS – HAND PROTECTION Cal. Code Regs, tit. 8, § 3384(a) (2017) – The Division failed to establish that Employer violated the safety order by permitting its employee to use a deep fryer while wearing a Kevlar glove and sleeve over a plastic food-handling glove. The Division failed to establish that such hand protection was inappropriate. Summary of COSHAB-ALJ’s Decision dated March 30, 2017, Inspection No. 997100. Read More...

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