THE KROGER COMPANY dba RALPHS GROCERY COMPANY

49 COR 40-8655 [¶23,231]

INJURY AND ILLNESS PROTECTION PROGRAM –  EFFECTIVE HEALTH AND SAFETY TRAINING ON COVID-19 California Code of Regulations, title 8, § 3203(a)(7) (2021) Employer utilized numerous methods to train its employees on the COVID-19 hazard and enforced the training through various means as well.  The Division did not meet its burden of establishing that Employer’s training constituted a failure to effectively train, a violation of § 3203(a)(7).  INJURY AND ILLNESS PROTECTION PROGRAM –  METHOD OF TRAINING California Code of Regulations, title 8, § 3203(a)(7) (2021) – A performance standard does not prescribe the precise method by which an Employer must provide training to employees on known or newly discovered hazards. The Division did not meet its burden of establishing that Employer’s training methods constituted a violation of § 3203(a)(7). ASSESSMENT OF CIVIL PENALTIES The Citation for a serious violation was vacated and associated penalty of $11,250 was set aside.

Summary of COSHAB-ALJ’s Decision dated February 2, 2023, Inspection No. 1486257 (Compton, CA)

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