41 COR 40-7079 [¶22,336R]
HEAT ILLNESS PREVENTION – ACCESS TO SHADE
Cal. Code Regs, tit. 8, § 3395(d) (2014) – Due to a lack of particularity in the citation, the Board vacated the ALJ’s finding of a general violation and penalty for failure to provide access to shade for agricultural employees. Employer’s argument that the safety order was unconstitutionally vague, however, was rejected. Although the issue was moot, the Board nevertheless noted that the Division did not meet its burden of proof to establish a violation.
HEARING – POST-SUBMISSION AMENDMENTS
Board reg. § 386(b) (2014) – The ALJ exercised her discretion to amend the issues on appeal prior to issuing the decision, but failed to give the parties notice and opportunity to demonstrate prejudice. This ultimately resulted in prejudice to Employer.