49 COR 40-8759 [23,270]
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 a respirator when the employees performed procedures or services for an airborne infectious disease (AirID) case or suspected case. AMENDMENT OF CITATION – 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. SERIOUS VIOLATION - REBUTTAL OF CLASSIFICATION - Labor Code §6432(c) – Employer did not rebut the Serious classification. Employer knew or should have known by the plain language of the safety order that it was required to use airborne precautions to protect its employees. ASSESSMENT OF CIVIL PENALTIES – The citation was affirmed, and the proposed penalty was assessed.Digest of COSHAB-ALJ’s Decision dated October 9, 2023, Inspection No. 1475491 (Berkeley, CA)
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