49 COR 40-8905 [¶23,318R]
HEARING – POST-SUBMISSION AMENDMENTS - Title 8, California Code of Regulations, §371.2 The Division’s citation amendment to allege alternate theories of liability was permitted. Employer failed to show prejudice. RESPIRATOR USE – Title 8, California Code of Regulations, §5199(g)(4)(B) – The evidence proffered by the Division was sufficient to show that Employer failed to ensure that employees used respirators when the employees performed procedures or services for an airborne infectious disease (AirID) case or suspected case. SERIOUS VIOLATION – Labor Code §6432(a) The Board determined the Decision incorrectly affirmed the Serious classification, it reduced the classification to General. ASSESSMENT OF CIVIL PENALTY – The citation was affirmed; with the reclassification, the penalty was recalculated by the Board.Digest of COSHAB’s Decision After Reconsideration dated January 9, 2025, Inspection No. 1475491.
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